CARR v. MIDTOWN ROCHESTER PROPERTIES, LLC

CA 09-00217.

67 A.D.3d 1469 (2009)

888 N.Y.S.2d 452

2009 NY Slip Op 08651

GABRIELLE CARR, Appellant, v. MIDTOWN ROCHESTER PROPERTIES, LLC, Respondent and Third-Party Plaintiff. ONESOURCE FACILITY SERVICES, INC., Third-Party Defendant-Respondent.

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

Decided November 20, 2009.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motions are denied in part and the complaint is reinstated insofar as the complaint, as amplified by the bill of particulars, alleges that defendant had constructive notice of the allegedly dangerous condition.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she slipped and fell on property owned by defendant...

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