Legal Opinion

Aniello v. 1370 Broadway Associates Corp.

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

Decided April 25, 2006PublishedCited by 2 opinions

1Opinion of the Court

*384Order, Supreme Court, New York County (Louis B. York, J.), entered April 12, 2005, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established prima facie entitlement to summary judgment by demonstrating they had neither actual nor constructive notice of the alleged defect in the lobby runner upon which plaintiff fell (Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]). In opposition, plaintiff failed to raise an issue of fact. She admitted at her deposition that she did not see a tear in the…

2Cases cited2 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Budd v. Gotham House Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2005

3Cited by2 opinions

  1. Kwitny v. Westchester Towers Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Reeves v. 1700 First Avenue LLCAppellate Division of the Supreme Court of the State of New York · 2016

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