GONZALEZ v. FRANKLIN PLAZA APTS., INC.

9166, 161880/14.

172 A.D.3d 432 (2019)

97 N.Y.S.3d 481

2019 NY Slip Op 03462

Hercilia Gonzalez, Respondent, v. Franklin Plaza Apartments, Inc., Appellant.

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

Decided May 2, 2019.


Defendant failed to satisfy its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped and fell on an accumulation of snow and ice on a sidewalk abutting defendant's building. Notably, defendant failed to proffer an affidavit or testimony based on personal knowledge of when its employees last inspected the sidewalk prior to plaintiff's accident (see Simpson v City of New York, 126 A.D.3d 640...

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