DAVIS v. BROOKFIELD PROPS. MGT., LLC

Index No. 158492/17. Appeal No. 837. Case No. 2022-05275.

220 A.D.3d 527 (2023)

196 N.Y.S.3d 452

2023 NY Slip Op 05310

Theodore Davis, Respondent, v. Brookfield Properties Management, LLC, et al., Appellants.

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

Decided October 19, 2023.


Attorney(s) appearing for the Case

Goetz Schenker Blee & Wiederhorn, LLP, New York ( Lisa De Lindsay of counsel), for appellants.

Mitchell Dranow , Sea Cliff, for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Scarpulla, Mendez, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about May 17, 2022, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court correctly determined that defendants did not demonstrate, as a matter of law, that they did not create and/or did not have actual or constructive notice of the alleged dangerous condition, an unsupported ceiling tile that fell onto plaintiff. (see...

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