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NIEVES v. BHV IV, LLC

Index No. 303997/14. Appeal No. 13196. Case No. 2020-03466.

191 A.D.3d 608 (2021)

139 N.Y.S.3d 527

2021 NY Slip Op 01205

Ilia A. Nieves, Respondent, v. BHV IV, LLC, et al., Appellants.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Havkins Rosenfeld & Ritzert, LLP, New York ( Andrew J. Shaw of counsel), for appellants.

Pollack Pollack Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Mendez, JJ.

Defendants failed to establish their prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped and fell on water as she descended the interior stairs of defendants' building. Defendants failed to submit any specific evidence as to when the steps had last been inspected by the superintendent (see Jackson v Manhattan Mall Eat LLC, 111 A.D.3d 519, 520 [1st Dept 2013]; Gautier...

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