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Dennis v. Stationery

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2006
28 A.D.3d 238 (N.Y. App. Div. 2006)

Opinion

8226.

April 6, 2006.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 5, 2005, which, to the extent appealed from, granted defendant Riverbay's motion for summary judgment, and upon a search of the record, dismissed the complaint as against both defendants, unanimously affirmed, without costs.

Pollack, Pollack, Isaac DeCicco, New York (Brian J. Isaac of counsel), for appellant.

The Law Office of Vincent D. McNamara, East Norwich (Anthony Marino of counsel), for Bartow Stationery, respondent.

Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York (Michael L. Boulhosa of counsel), for Riverbay Corporation, respondent.

Before: Tom, J.P., Andrias, Marlow, Williams and McGuire, JJ.


Plaintiff in this slip-and-fall case failed to raise an issue of fact as to the existence of an ongoing and recurring dangerous condition in the area of the accident that was routinely left unaddressed by defendants ( see Cochetti v. Wal-Mart Stores, Inc., 24 AD3d 852; Tejeda v. Six Ten Mgt. Corp., 15 AD3d 265; cf. Irizarry v. 15 Mosholu Four, LLC, 24 AD3d 373, 806 NYS2d 534; O'Connor-Miele v. Barhite Holzinger, 234 AD2d 106).


Summaries of

Dennis v. Stationery

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2006
28 A.D.3d 238 (N.Y. App. Div. 2006)
Case details for

Dennis v. Stationery

Case Details

Full title:FRANCES DENNIS, Appellant, v. BARTOW STATIONERY et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 6, 2006

Citations

28 A.D.3d 238 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2624
811 N.Y.S.2d 566

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