CROOKS v. GIBRALTAR CONTR., INC.

16898/05, 6712, 6713

92 A.D.3d 411 (2012)

937 N.Y.S.2d 224

2012 NY Slip Op 714

NORMA CROOKS, Appellant, v. GIBRALTAR CONTRACTING, INC., et al., Respondents, et al., Defendant.

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

Decided February 2, 2012.


Defendants established their entitlement to judgment as a matter of law. Defendants submitted evidence, including safety reports and testimony, showing that they neither created the alleged dangerous condition nor had notice of its existence (see Rabat v GNAC Corp., 180 A.D.2d 540 [1992]).

In opposition, plaintiff failed to raise a triable issue of fact as to whether defendants had notice of the wooden board. Plaintiff submitted...

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