LOPEZ v. 1355 MORRIS AVE, LLC

Index No. 21574/18E. Appeal No. 14050. Case No. 2020-03566.

195 A.D.3d 488 (2021)

145 N.Y.S.3d 337

2021 NY Slip Op 03665

Elianny Lopez, Respondent, v. 1355 Morris Ave, LLC, Appellant.

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

Decided June 10, 2021.


Attorney(s) appearing for the Case

Cascone & Kluepfel, LLP, Garden City ( Beth L. Rogoff-Gribbins of counsel), for appellant.

Raymond Schwartzberg & Associates, PLLC, New York ( Raymond Schwartzberg of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Oing, Shulman, JJ.


Defendant failed to establish prima facie that it cannot be held liable for the injuries plaintiff sustained in falling on its wet floor and steps because, whether or not it was relieved of its duty to warn of a hazardous condition by the open and obvious nature of the condition, it was not relieved of its duty to maintain its premises in reasonably safe condition (Westbrook v WR Activities-Cabrera Mkts., 5 A.D.3d 69, 70 [1st Dept...

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