GENNARO v. CORD MEYER DEVELOPMENT COMPANY & LLC


57 A.D.3d 725 (2008)

871 N.Y.S.2d 214

WILLIAM C. GENNARO, Appellant, v. CORD MEYER DEVELOPMENT COMPANY & LLC, Respondent.

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

December 16, 2008.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action against the defendant, alleging that a pothole in the defendant's parking lot caused him to fall and sustain personal injuries. The defendant moved for summary judgment dismissing the complaint, contending that it did not create the alleged defect or have actual or constructive notice of it. The Supreme Court granted the motion. We affirm.

The defendant met its initial burden...

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