LEE v. ANA DEVELOPMENT CORP.

4851, 111681/09.

83 A.D.3d 545 (2011)

921 N.Y.S.2d 232

KITTY LEE et al., Plaintiffs, v. ANA DEVELOPMENT CORP., Appellant, and THE HECHT GROUP CORP., Respondent, et al., Defendants.

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

Decided April 19, 2011.


Plaintiff Lee alleged that she was injured on the stairway leading to defendant commercial tenant Hecht's office due to the negligence of Hecht and the other defendants. Dismissal of the complaint as against Hecht was appropriate since no triable issues of fact were raised in response to Hecht's prima facie showing that it did not have a duty to maintain the stairway in safe condition and that it did not create a defective condition (see e.g. Smith v Costco Wholesale Corp...

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