MARTINEZ v. 560-568 AUDUBON REALTY LLC

Index No. 156118/16. Appeal No. 14181. Case No. 2020-03565.

196 A.D.3d 426 (2021)

147 N.Y.S.3d 411

2021 NY Slip Op 04277

Ines Martinez, Appellant, v. 560-568 Audubon Realty LLC et al., Respondents.

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

Decided July 8, 2021.


Attorney(s) appearing for the Case

Manuel D. Gomez , New York, for appellant.

Concur—Manzanet-Daniels, J.P., Webber, Singh, Kennedy, JJ.


Defendants established prima facie entitlement to judgment as a matter of law by demonstrating that they neither created nor had actual or constructive notice of the crack at the edge of the marble step where plaintiff fell. Defendants submitted the testimony of plaintiff, the property manager, and the member of the owner that they had never seen the crack before the accident, and the testimony of defendants' member that it would have been repaired if discovered (see e...

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