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MOORE v. 1772 WEEKS AVENUE HOUSING DEVELOPMENT FUND CORPORATION

13675, 302544/11

123 A.D.3d 456 (2014)

998 N.Y.S.2d 339

2014 NY Slip Op 08493

DERRICK MOORE, Appellant, v. 1772 WEEKS AVENUE HOUSING DEVELOPMENT FUND CORPORATION et al., Respondents.

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

Decided December 4, 2014.

Defendants are not entitled to summary judgment. They failed to satisfy their burden of showing prima facie entitlement to judgment as a matter of law on the issue of their constructive notice of the alleged condition on the subject interior staircase, since they failed to offer evidence as to when the accident location itself was last inspected or cleaned before plaintiff's fall (see Seleznyov v New York City Tr. Auth., 113 A.D.3d 497<...

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