SUAREZ v. JESUP REALTY GROUP, LLC

10507.

178 A.D.3d 464 (2019)

111 N.Y.S.3d 536

2019 NY Slip Op 08780

David Suarez, Appellant, v. Jesup Realty Group, LLC, Respondent.

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

Decided December 5, 2019.


Attorney(s) appearing for the Case

Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph, III of counsel), for appellant.

O'Toole Scrivo, LLC, New York ( Robert W. Gifford of counsel), for respondent.

Concur— Richter, J.P., Gische, Webber, Gesmer, JJ.


Defendant established prima facie entitlement to judgment as a matter of law in this action where plaintiff alleges that he was injured when he slipped and fell while descending the stairs in defendant's building.

Defendant submitted evidence, including the building superintendent's testimony, showing that it did not create the wet condition on the stairway, or have actual or constructive notice of the condition.

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