MIKE v. RIVERBAY CORPORATION


56 A.D.3d 357 (2008)

867 N.Y.S.2d 447

LAURA MIKE, Respondent, v. RIVERBAY CORPORATION, Appellant.

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

Decided November 20, 2008.


Defendant's motion for summary judgment was based on evidence that it regularly inspects its grounds for dangerous conditions, including broken keep-off-the-grass signs, and did not have notice of an object that, as described by plaintiff in her deposition, "looked like a pipe" with jagged and rusty edges, and was "firmly embedded" in and diagonally "sticking out of the ground" in such a way as to be "camouflaged" and unnoticeable. In opposition, plaintiff submitted the affidavits...

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