ROSARIO v. BRONX PARK SOUTH III ASSOCIATES, L.P.

6214, 7618/06

90 A.D.3d 421 (2011)

933 N.Y.S.2d 554

2011 NY Slip Op 8680

MILAGROS ROSARIO et al., Appellants, v. BRONX PARK SOUTH III ASSOCIATES, L.P., Respondent.

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

Decided December 1, 2011.


Defendant's evidence established prima facie that it had no constructive notice of the alleged wet condition that caused plaintiff to slip and fall. In opposition, plaintiffs failed to raise a triable issue of fact. The assertion of the injured plaintiff's husband that he had observed water accumulate in the lobby of defendant's building when it rained, including on the date of plaintiff's accident, raised no more than a general awareness that the floor became wet during...

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