BOJOVIC v. LYDIG BEJING KITCHEN, INC.

6574, 17604/07

91 A.D.3d 517 (2012)

936 N.Y.S.2d 205

2012 NY Slip Op 293

ROSA BOJOVIC, Respondent, v. LYDIG BEJING KITCHEN, INC., et al., Appellants.

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

Decided January 19, 2012.


Defendants failed to make a prima facie showing that they did not have constructive notice of the dangerous snow and ice condition on the sidewalk in front of their premises. In support of their motion, defendants point to plaintiff's deposition testimony that the last snowfall prior to her accident (at about 10:00 A.M. on January 31, 2007) occurred the day before, when it snowed "about one inch." Defendants also cite a restaurant employee's testimony that his practice and...

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