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RIVERA v. MERRILL LYNCH/WFC/L/INC.

5064, 115385/05.

84 A.D.3d 524 (2011)

922 N.Y.S.2d 399

CLORINDA RIVERA, Appellant, v. MERRILL LYNCH/WFC/L/INC. et al., Respondents, et al., Defendants.

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

Decided May 12, 2011.

Defendants owners, managers and lessees established their entitlement to judgment as a matter of law by showing that there was no evidence that they created or had actual or constructive notice of the allegedly hazardous condition (see Beck v J.J.A. Holding Corp., 12 A.D.3d 238, 240 [2004], lv denied 4 N.Y.3d 705 [2005]). There was no evidence that the escalator at issue was in a defective...

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