BETZ v. DANIEL CONTI, INC.

2009-05142

69 A.D.3d 545 (2010)

892 N.Y.S.2d 477

2010 NY Slip Op 86

EDELGARD BETZ, Respondent, v. DANIEL CONTI, INC., et al., Appellants.

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

Decided January 5, 2010.


Ordered that the order is affirmed, with costs.

The plaintiff alleges that, on May 25, 2005, she sustained injuries as a result of a slip and fall on a brick walkway on premises owned by the defendants. The defendants moved for summary judgment dismissing the complaint on the ground that the walkway was not defective, and that, even if a defect existed, they neither created it nor had actual or constructive notice of its existence.

Although the affidavit of...

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