LEARY v. DUTCHESS APT. ASSOC., LLC

2014-07570, Index No. 5534/12.

127 A.D.3d 1143 (2015)

7 N.Y.S.3d 557

2015 NY Slip Op 03504

DONALD LEARY et al., Appellants, v. DUTCHESS APARTMENT ASSOCIATES, LLC, et al., Respondents.

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

Decided April 29, 2015.


In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Sproat, J.), dated June 2, 2014, which granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed with costs.

"A defendant moving for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition...

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