SIMON v. MAIMONIDES MEDICAL CENTER


52 A.D.3d 683 (2008)

859 N.Y.S.2d 373

ALLEN SIMON, Appellant, v. MAIMONIDES MEDICAL CENTER, Respondent.

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

Decided June 17, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly slipped and fell on a patch of black ice inside a parking garage owned by the defendant. After the plaintiff commenced the present action, the defendant moved for summary judgment dismissing the complaint on the ground that there was no evidence showing that it created or had actual or constructive notice of the hazardous condition.

"A property owner will be held...

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