Mieles v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

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

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

DecidedFebruary 13, 2001

StatusPublished

This text of 280 A.D.2d 528 (Mieles v. New York City Housing Authority) 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

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).

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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]*529caused 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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—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]*529caused 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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Bluebook (online)

280 A.D.2d 528, 720 N.Y.S.2d 385, 2001 N.Y. App. Div. LEXIS 1506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mieles-v-new-york-city-housing-authority-nyappdiv-2001.

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