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VILOMAR v. 490 EAST 181ST STREET HOUSING DEVELOPMENT FUND CORP CORPORATION

50 A.D.3d 469 (2008)

858 N.Y.S.2d 10

ROBERTO VILOMAR, Appellant, v. 490 EAST 181ST STREET HOUSING DEVELOPMENT FUND CORP CORPORATION et al., Respondents.

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

Decided April 17, 2008.

Defendants made a prima facie showing that they did not have constructive notice of the banana peel on which plaintiff allegedly slipped (see Piacquadio v Recine Realty Corp., 84 N.Y.2d 967 [1994]) by submitting plaintiff's deposition testimony that he did not see any banana peels on the stairs the day before the accident, and the deposition testimony of the building's superintendent that he cleaned the stairs twice a day, on arriving...

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