DEL MARTE v. LEKA REALTY LLC

5121. 303840/13.

156 A.D.3d 453 (2017)

67 N.Y.S.3d 16

2017 NY Slip Op 08626

YOLANDA MERCEDES POLANCO DEL MARTE et al., Appellants, v. LEKA REALTY LLC, Respondent.

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

Decided December 12, 2017.


Plaintiff Yolanda Mercedes Polanco Del Marte alleges that she was injured in May 2013 after she fell as a result of a loose step on a staircase located between the second and third floors of a building owned by defendant.

A defendant moving for summary judgment in a case involving an alleged dangerous condition "has the initial burden of making a prima facie showing that it neither created nor had actual or constructive notice of the unsafe condition" (Rosario...

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