SCHWARTZ v. EMPIRE CITY SUBWAY COMPANY (LIMITED)

10030, 109186/09.

106 A.D.3d 464 (2013)

965 N.Y.S.2d 868

2013 NY Slip Op 3395

BRYAN SCHWARTZ et al., Appellants, v. EMPIRE CITY SUBWAY COMPANY (LIMITED), Respondent, et al, Defendants.

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

Decided May 9, 2013.


In this personal injury action, plaintiff Bryan Schwartz alleges that he slipped and fell on a slippery manhole cover. Defendant made a prima facie showing of its entitlement to judgment as a matter of law by submitting evidence of the lack of prior notice of any defective condition and its engineer's affidavit attesting to the safe condition of the manhole cover (see Piacquadio v Recine Realty Corp., 84 N.Y.2d 967, 969 [1994])....

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