Legal Opinion

Edwards v. 727 Throgs Neck Expressway, Inc.

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

Decided December 22, 2005PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered February 19, 2004, which, in an action for personal injuries sustained in a fall on defendants’ premises, granted defendants’ motion for summary judgment dismissing the complaint, affirmed, without costs.

The action was properly dismissed for lack of evidence that defendants received any complaints or otherwise acquired actual notice of the alleged wetness, or that the wetness had existed for a sufficient period of time for defendants to have acquired constructive notice (see Matcousky v Days Hotel, 10 AD3d 557 [2004]). That it…

2Cases cited2 opinions

  1. Matcovsky v. Days HotelAppellate Division of the Supreme Court of the State of New York · 2004
  2. Verde-Stefani v. Melohn Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by1 opinion

  1. Rogers v. Rockefeller Group International, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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