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BETANCES v. 185-189 AUDUBON REALTY, LLC

1007, 305916/12.

139 A.D.3d 404 (2016)

29 N.Y.S.3d 162

2016 NY Slip Op 03421

XIOMARA BETANCES, Appellant, v. 185-189 AUDUBON REALTY, LLC, Respondent.

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

Decided May 3, 2016.

Summary judgment was properly granted in this action where plaintiff alleges that she was injured when, while descending the staircase in defendant's building, she slipped and fell on a plastic bag that was on the staircase. There is no testimony that defendant created the condition by depositing the plastic bag on the stairwell. On the issue of actual or constructive notice, where the hazardous condition is transitory, a defendant...

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