LAKINS v. 171 E. 205TH STREET CORP.

12661, 301868/09.

118 A.D.3d 451 (2014)

987 N.Y.S.2d 345

2014 NY Slip Op 4057

PATRICIA D. LAKINS, Appellant, v. 171 E. 205TH STREET CORP., Respondent.

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

Decided June 5, 2014.


Defendant established its entitlement to judgment as a matter of law by showing that it did not have notice of the allegedly icy condition upon which plaintiff fell. Defendant submitted evidence including plaintiff's deposition testimony that she never observed ice on the ground, and the affidavit of its principal that prior to plaintiff's fall, he never received any complaints of a snow or ice condition in the parking lot where the fall occurred (see Herrera v E. 103rd...

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