TUTUNJIAN v. COVE LANDING ON THE SOUND HOMEOWNERS ASSOCIATION, INC.


38 A.D.3d 531 (2007)

833 N.Y.S.2d 110

JOHN TUTUNJIAN, Appellant, v. COVE LANDING ON THE SOUND HOMEOWNERS ASSOCIATION, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 6, 2007.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on wet moss on an exterior staircase of the defendant's premises during a light rain. The staircase was made out of wooden railroad ties. Contrary to the plaintiff's contention, he failed to submit evidence sufficient to raise a triable issue of fact in opposition to the defendant's demonstration of its entitlement to judgment as a matter of law (see generally Alvarez v Prospect...

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