HIGHTOWER v. EXG 332 W44 LLC

8959, 161024/15.

171 A.D.3d 528 (2019)

98 N.Y.S.3d 42

2019 NY Slip Op 02810

Candice Hightower, Respondent, v. EXG 332 W44 LLC et al., Appellants.

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

Decided April 11, 2019.


Plaintiff alleges that, while working in a garage owned or leased by defendants, she was struck on the head by a parking gate arm that had been stuck in an upright position and descended as she was walking under it. Defendants demonstrated that they did not create or have actual notice of the particular defective condition by submitting evidence that the parking gate complied with applicable standards and that there was no record of similar previous malfunctions with the...

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