CRUZ v. CITY OF NEW YORK

4157, 6018/05.

81 A.D.3d 505 (2011)

917 N.Y.S.2d 158

INOCENCIA CRUZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 17, 2011.


Plaintiff alleges that she was injured when she slipped and fell on a wet floor in the restroom of a public park. Defendant failed to satisfy its initial burden of showing prima facie that it lacked actual or constructive notice of the alleged hazard, since the testimony of defendant's park supervisor regarding general daily maintenance procedures failed to identify the last time the bathroom had been checked or cleaned before the accident occurred (see Moser v BP/CG Ctr...

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