Defendants established prima facie that they neither created nor had notice of the tire rut that plaintiff fell into on the premises of an outdoor music festival she was attending by submitting testimony that the festival grounds were inspected on the date of plaintiff's accident, that any ruts would have been filled in, and that no vehicles were allowed on the grounds while patrons were present (see Kesselman v Lever House Rest.,
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NICAJ v. BETHEL WOODS CTR. FOR THE ARTS, INC.
Index No. 161998/15. Appeal No. 12578-12578A. Case No. 2020-00376.
189 A.D.3d 485 (2020)
137 N.Y.S.3d 30
2020 NY Slip Op 07318
Kristina Nicaj, Respondent, v. Bethel Woods Center for the Arts, Inc., et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 8, 2020.
Decided December 8, 2020.
Attorney(s) appearing for the Case
Havkins Rosenfeld Ritzert, LLP, New York ( Steven H. Rosenfeld of counsel), for appellants.
Law Office of Glenn Verchick, New York ( Glenn Verchick of counsel), for respondent.
Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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