Georgiou v. 32-42 Broadway LLC

Appellate Division of the Supreme Court of New York

Georgiou v. 32-42 Broadway LLC

62 A.D.3d 588, 878 N.Y.S.2d 889

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

DecidedMay 26, 2009

StatusPublished

This text of 62 A.D.3d 588 (Georgiou v. 32-42 Broadway LLC) 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

Georgiou v. 32-42 Broadway LLC, 62 A.D.3d 588, 878 N.Y.S.2d 889 (N.Y. Ct. App. 2009).

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Opinion

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered July 23, 2008, which, to the extent appealed from as limited by the brief, denied defendant Liberty Café’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant Liberty Café dismissing the complaint as against it.

Plaintiff in this slip-and-fall case failed to raise a triable issue of fact with respect to whether commercial tenant Liberty Café caused or created, or had constructive notice of, a dangerous recurring condition (see DeJesus v New York City Hous. Auth., 11 NY3d 889 [2008]; Casado v OUB Houses Hous. Co. Inc., 59 AD3d 272 [2009]). Concur—Friedman, J.P., Sweeny, Nardelli, Acosta and Richter, JJ.

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Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered July 23, 2008, which, to the extent appealed from as limited by the brief, denied defendant Liberty Café’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant Liberty Café dismissing the complaint as against it.

Plaintiff in this slip-and-fall case failed to raise a triable issue of fact with respect to whether commercial tenant Liberty Café caused or created, or had constructive notice of, a dangerous recurring condition (see DeJesus v New York City Hous. Auth., 11 NY3d 889 [2008]; Casado v OUB Houses Hous. Co. Inc., 59 AD3d 272 [2009]). Concur—Friedman, J.P., Sweeny, Nardelli, Acosta and Richter, JJ.

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Bluebook (online)

62 A.D.3d 588, 878 N.Y.S.2d 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgiou-v-32-42-broadway-llc-nyappdiv-2009.

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