FOLEY v. CHATEAU RIVE EQUITIES, LLC

9417, 152941/16.

172 A.D.3d 599 (2019)

102 N.Y.S.3d 22

2019 NY Slip Op 04088

Toniann Foley et al., Appellants, v. Chateau Rive Equities, LLC, et al., Respondents.

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

Decided May 28, 2019.


Defendants demonstrated prima facie that there was no defective condition in the staircase "at or near Unit 403," which was the accident location that injured plaintiff Toniann Foley identified in her initial and amended bill of particulars and deposition testimony. Plaintiff also testified that there was no debris or wetness on the stairs and could not say what caused her to fall (see Peralta-Santos v 350 W. 49th St. Corp., 139 A.D.3d 536

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