Vargas v. Cadwalader Wickersham & Taft, LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about April 12, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Summary judgment was improperly granted, because the record presents triable issues of fact as to whether defendant had constructive notice of the alleged defective condition. The deposition testimony of defendant’s manager of office and building services and the affidavit of its assistant manager are insufficient to demonstrate that defendant…
2Cases cited3 opinions
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- Dylan P. Ex Rel. Raisa L. v. Webster Place Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2015
- Dylan P. ex rel. Raisa L. v. Webster Place Associates, L.P.New York Court of Appeals · 2016
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