ADOLFO DE LA CRUZ v. LETTERA SIGN & ELECTRIC CO.

3466, 13663/05.

77 A.D.3d 566 (2010)

909 N.Y.S.2d 448

ADOLFO DE LA CRUZ, Appellant, v. LETTERA SIGN & ELECTRIC CO. et al., Respondents.

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

Decided October 26, 2010.


The testimony of defendant company's president regarding the company's general snow and ice removal procedures fails to satisfy defendants' initial burden of showing that they acted reasonably and lacked notice of the icy condition. Because the president has no personal knowledge of any snow or ice removal efforts taken on the day of plaintiff's fall, his testimony is not probative of the care actually exercised by defendants on that date (see Martinez v Khaimov,&...

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