DIAZ v. NY AFFORDABLE HOUSING DEKALB ASSOC. LLC

NO. 3116, 306604/12

147 A.D.3d 555 (2017)

46 N.Y.S.3d 795

2017 NY Slip Op 01275

LUPE DIAZ, Respondent, et al., Plaintiff, v. NY AFFORDABLE HOUSING DEKALB ASSOCIATES LLC., Appellant.

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

Decided February 16, 2017.


Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about April 18, 2016, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that defendant failed to provide evidence concerning its inspection, maintenance or cleaning of the stairs where plaintiff fell and, therefore, failed to make a prima facie showing of the absence of notice of the liquid and debris...

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