Infante v. State

Appellate Division of the Supreme Court of New York

Infante v. State

266 A.D.2d 130, 698 N.Y.S.2d 484, 1999 N.Y. App. Div. LEXIS 12326

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

DecidedNovember 30, 1999

StatusPublished

Cited by2 cases

This text of 266 A.D.2d 130 (Infante v. State) 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

Infante v. State, 266 A.D.2d 130, 698 N.Y.S.2d 484, 1999 N.Y. App. Div. LEXIS 12326 (N.Y. Ct. App. 1999).

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Opinion

—Judgment of the Court of Claims of the State of New York (Alan Marin, J.), entered on or about August 31, 1998, which, after a trial on the issue of liability, granted defendant’s motion to dismiss the claim, unanimously affirmed, without costs.

The court properly dismissed this claim brought by a police officer pursuant to General Municipal Law § 205-e, alleging violations of sections 27-127 and 27-128 of the Administrative Code of the City of New York. There was no evidence supporting an inference that defendant had any notice of the accumulation of water on the stairs where claimant allegedly slipped (compare, Lusenskas v Axelrod, 183 AD2d 244, 248, appeal dismissed 81 NY2d 300). Concur — Ellerin, P. J., Williams, Lerner, Rubin and Saxe, JJ.

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—Judgment of the Court of Claims of the State of New York (Alan Marin, J.), entered on or about August 31, 1998, which, after a trial on the issue of liability, granted defendant’s motion to dismiss the claim, unanimously affirmed, without costs.

The court properly dismissed this claim brought by a police officer pursuant to General Municipal Law § 205-e, alleging violations of sections 27-127 and 27-128 of the Administrative Code of the City of New York. There was no evidence supporting an inference that defendant had any notice of the accumulation of water on the stairs where claimant allegedly slipped (compare, Lusenskas v Axelrod, 183 AD2d 244, 248, appeal dismissed 81 NY2d 300). Concur — Ellerin, P. J., Williams, Lerner, Rubin and Saxe, JJ.

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Bluebook (online)

266 A.D.2d 130, 698 N.Y.S.2d 484, 1999 N.Y. App. Div. LEXIS 12326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/infante-v-state-nyappdiv-1999.

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