Betz v. Daniel Conti, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff alleges that, on May 25, 2005, she sustained injuries as a result of a slip and fall on a brick walkway on premises owned by the defendants. The defendants moved for summary judgment dismissing the complaint on the ground that the walkway was not defective, and that, even if a defect existed, they neither created it nor had actual or constructive notice of its existence.
Although the affidavit of the defendants’ expert, which was notarized outside the state, failed to conform to the requirements set forth in CPLR 2309 (c), contrary to the Supreme Court’s determination, such…
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