Cater v. Double Down Realty Corp.

Appellate Division of the Supreme Court of New York

Cater v. Double Down Realty Corp.

101 A.D.3d 506, 954 N.Y.2d 877

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 2012

StatusPublished

This text of 101 A.D.3d 506 (Cater v. Double Down Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cater v. Double Down Realty Corp., 101 A.D.3d 506, 954 N.Y.2d 877 (N.Y. Ct. App. 2012).

Pincite

Opinion

Defendants failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff slipped and fell as she descended the interior stairs of defendants’ building. The evidence submitted by defendants was insufficient to show that they lacked constructive notice of the alleged wet condition of the stairs. Defendants failed to offer specific evidence as to their activities on the day of the accident, including evidence indicating the last time the staircase was inspected, cleaned, or maintained before plaintiff’s fall (see Moser v BP/CG Ctr. I, LLC, 56 AD3d 323 [1st Dept 2008]). Concur — Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.

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Defendants failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff slipped and fell as she descended the interior stairs of defendants’ building. The evidence submitted by defendants was insufficient to show that they lacked constructive notice of the alleged wet condition of the stairs. Defendants failed to offer specific evidence as to their activities on the day of the accident, including evidence indicating the last time the staircase was inspected, cleaned, or maintained before plaintiff’s fall (see Moser v BP/CG Ctr. I, LLC, 56 AD3d 323 [1st Dept 2008]). Concur — Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.

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Bluebook (online)

101 A.D.3d 506, 954 N.Y.2d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cater-v-double-down-realty-corp-nyappdiv-2012.