OMAAR v. RODRIGUEZ

8527. 306348/10.

169 A.D.3d 598 (2019)

95 N.Y.S.3d 46

2019 NY Slip Op 01369

Said Omaar, Respondent, v. Efrain Rodriguez et al., Appellants.

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

Decided February 26, 2019.


Defendants building owners failed to establish entitlement to judgment as a matter of law in this action where plaintiff was injured when he fell down allegedly unlighted stairs leading to a basement in the subject building. Defendants failed to show that they did not create or have actual or constructive knowledge of the unlighted vestibule. Although defendant Efrain Rodriguez testified as to a general maintenance routine that he would engage in at the building, he did not...

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