Legal Opinion

Diaz v. NY Affordable Housing DeKalb Associates LLC

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

Decided February 16, 2017No. 3116 306604/12Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about April 18, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that defendant failed to provide evidence concerning its inspection, maintenance or cleaning of the stairs where plaintiff fell and, therefore, failed to make a prima facie showing of the absence of notice of the liquid and debris on the step and of the loose stair (see Kalish v HEI Hospitality, LLC, 114 AD3d 444, 445 [1st Dept 2014]; Ceron v Yeshiva Univ.,…

2Cases cited3 opinions

  1. Ceron v. Yeshiva UniversityAppellate Division of the Supreme Court of the State of New York · 2015
  2. Kalish v. HEI Hospitality, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  3. Bido v. 876-882 Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2007

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