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GEORGIOU v. 32-42 BROADWAY LLC

62 A.D.3d 588 (2009)

878 N.Y.S.2d 889

NICHOLAS GEORGIOU, Respondent, v. 32-42 BROADWAY LLC et al., Defendants, and LIBERTY CAFÉ, Appellant. (And a Third-Party Action.)

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

Decided May 26, 2009.

Plaintiff in this slip-and-fall case failed to raise a triable issue of fact with respect to whether commercial tenant Liberty Café caused or created, or had constructive notice of, a dangerous recurring condition (see DeJesus v New York City Hous. Auth., 11 N.Y.3d 889 [2008]; Casado v OUB Houses Hous. Co. Inc., 59 A.D.3d 272

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