LAWRENCE v. GONZALEZ

10025, 302625/09.

106 A.D.3d 462 (2013)

965 N.Y.S.2d 866

2013 NY Slip Op 3392

JASON LAWRENCE, Appellant, v. K. GONZALEZ, Defendant, and CITY OF NEW YORK, Respondent.

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

Decided May 9, 2013.


Dismissal of the cause of action alleging negligence was appropriate since the City demonstrated the absence of actual or constructive notice of the defective condition of the chair that broke when plaintiff was sitting on it. The City relied upon plaintiff's testimony that he had never seen anything wrong with the plastic chair that the City provided for use by inmates at its facility, and that he was unaware of any complaints about the chair or any other of the plastic...

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