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Lack of Notice Supports Grant of Summary Judgment

February 22, 2011

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In Ameneiros v. Seaside Company, LLC, the Second Department found that defendant had established its prima facie entitlement to summary judgment and that plaintiff failed to raise any triable issues of fact, including that the dangerous condition was recurring and ongoing and that the defendant had actual knowledge of the condition. Plaintiff was injured after she slipped on a puddle of water in an elevator of an apartment building owned by defendants.
The Second Department, affirming the trial court’s ruling, held that defendant had succcessfully proved that the puddle was created by a codefendant, that it did not have actual notice of the puddle, and that the puddle did not exist for a sufficient length of time for defendant to have constructive notice of the puddle. Thus defendant was entitled to summary judgment.
Thanks to Alison Weintraub for her contribution to this post.
<a href="http://www.courts.state.ny.us/reporter/3dseries/2011/2011_01226.htm">http://www.courts.state.ny.us/reporter/3dseries/2011/2011_01226.htm</a>

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