PALOMO v. 175TH ST. REALTY CORP.

8873, 305897/09.

101 A.D.3d 579 (2012)

957 N.Y.S.2d 49

2012 NY Slip Op 8811

SEAN PALOMO, Respondent-Appellant, v. 175TH STREET REALTY CORP. et al., Appellants-Respondents.

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

December 20, 2012.


Defendants satisfied their burden on summary judgment by presenting evidence demonstrating that they did not create the defective condition of the marble staircase landing that collapsed under plaintiff, and lacked actual or constructive notice thereof. In opposition, plaintiff presented evidence that the landing was visibly cracked for an extended period of time and wobbled when stepped on, thereby raising an issue of fact as to whether defendants had constructive notice...

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