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MANGUM v. 500 BRUSH LLC

6317 310472/08.

160 A.D.3d 552 (2018)

71 N.Y.S.3d 885

2018 NY Slip Op 02736

Kerry Mangum, Appellant, v. 500 Brush LLC, Respondent.

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

Decided April 19, 2018.

The record demonstrates that defendant, an out-of-possession landlord, neither created nor had actual knowledge of the alleged hazardous condition of the step on which plaintiff fell, which had chewed-up duct tape on its tread. Plaintiff testified that he had used the stairs and not noticed the condition approximately 20 minutes before he fell and that he did not notice the condition in the moment immediately preceding his fall...

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