CARMONA v. 40-25 HAMPTON, LLC


65 A.D.3d 562 (2009)

883 N.Y.S.2d 716

ANA CARMONA, Appellant, v. 40-25 HAMPTON, LLC, Respondent.

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

Decided August 11, 2009.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on rain water which accumulated through an open window in the interior staircase of the defendant's apartment building. The window was accessible by anyone in the staircase. The defendant's superintendent stated that he had closed the window before precipitation began to fall, about 2½ hours before the incident.

The defendant established its entitlement to judgment...

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