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MONZAC v. 1141 ELDER TOWERS LLC

11064.

180 A.D.3d 547 (2020)

119 N.Y.S.3d 469

2020 NY Slip Op 01243

Fernando E. Monzac, Appellant, v. 1141 Elder Towers LLC, Respondent.

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

Decided February 20, 2020.

Plaintiff's trial evidence established prima facie that defendant had constructive notice of the water on the floor of the lobby of its building on which plaintiff allegedly slipped and fell (see Irizarry v 15 Mosholu Four, LLC, 24 A.D.3d 373 [1st Dept 2005]). Plaintiff testified that at least four times before his accident, every few months, he observed water leaking from the ceiling onto the floor below in the area where he fell...

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