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BARRETO v. 750 THIRD OWNER, LLC

Index No. 150514/16. Appeal No. 13767. Case No. 2020-01897.

194 A.D.3d 441 (2021)

143 N.Y.S.3d 529

2021 NY Slip Op 02868

Margaret Barreto, Respondent, v. 750 Third Owner, LLC, et al., Appellants, et al., Defendants.

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

Decided May 6, 2021.

Attorney(s) appearing for the Case

Pillinger Miller Tarallo LLP, Elmsford ( Patrice M. Coleman of counsel), for appellants.

Law Offices of Michael S. Lamonsoff, PLLC, New York ( Romina Tominovic of counsel), for respondents.

Concur— Renwick, J.P., Kapnick, Singh, Kennedy, JJ.

Defendants established prima facie that they did not have actual or constructive notice of the water on their lobby floor that plaintiff alleges caused her to slip and fall (see Gomez v J.C. Penny Corp., Inc., 113 A.D.3d 571 [1st Dept 2014]; Briggs v Pick Quick Foods, Inc., 103 A.D.3d 526 [1st Dept 2013]). Their property manager stated in an affidavit that she conducted a search of defendants...

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