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MOSER v. BP/CG CENTER I, LLC

56 A.D.3d 323 (2008)

866 N.Y.S.2d 869

CHRISTINE MOSER, Appellant, v. BP/CG CENTER I, LLC, et al., Respondents.

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

November 18, 2008.

The evidence submitted by defendants was insufficient to establish prima facie that they lacked constructive notice of the alleged water hazard. Defendants failed to offer specific evidence as to their activities on the day of the accident, including evidence indicating the last time the staircase was inspected or maintained before plaintiff fell (compare Baptiste v 1626 Meat Corp., 45 A.D.3d 259 [2007], with Smith v Costco Wholesale...

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