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Mieles v. New York City Housing Authority

280 A.D.2d 528, 720 N.Y.S.2d 385, 2001 N.Y. App. Div. LEXIS 1506
Appellate Division of the Supreme Court of the State of New York·Decided February 13, 2001·Published

Opinion

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated March 14, 2000, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant’s motion for summary judgment. The defendant failed to establish, as a matter of law, that it lacked constructive notice of the allegedly defective condition of the metal strip on the stairway which [529] caused the plaintiffs injuries (see, Blake v City of Albany, 48 NY2d 875; Hecker v New York City Hous. Auth., 245 AD2d 131). O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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Mieles v. New York City Housing Authority, 280 A.D.2d 528, 720 N.Y.S.2d 385, 2001 N.Y. App. Div. LEXIS 1506 (N.Y. Ct. App. 2001).

280 A.D.2d 528 (Mieles v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Blake v. City of Albany
400 N.E.2d 300 (New York Court of Appeals, 1979)
Hecker v. New York City Housing Authority
245 A.D.2d 131 (Appellate Division of the Supreme Court of New York, 1997)