PROPST v. NIAGARA COUNTY JAIL

478 CA 21-00531.

207 A.D.3d 1197 (2022)

172 N.Y.S.3d 319

2022 NY Slip Op 04486

Shirley Propst, Appellant, v. Niagara County Jail et al., Respondents.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HURWITZ & FINE, P.C., BUFFALO ( ERIC D. ANDREW OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Centra, NeMoyer and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint insofar as it alleges that defendants created and had constructive notice of the allegedly dangerous condition and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when she allegedly slipped and fell on water on the floor of defendant...

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