Landlord Fails to Show Lack of Constructive Notice, Is Denied Summary Judgment in Stairway Accident

Case: Minor v. 1265 Morrison, LLC

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 6/27/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer)

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Facts: This accident occurred when the plaintiff tripped and fell on an allegedly misleveled step, which was partially broken.

Defendants asked the court for summary judgment dismissing the complaint, claiming a lack of notice of the dangerous step. As the party seeking summary judgment relief, the burden was on the defendants to show that they had no notice of this hazardous condition.

Defendants didn't show when they last inspected the stairway before the accident. In fact, defendants' own photographs depicting the step raised questions as to whether they should have noticed the bad step before this accident.

Held: Defense motion for summary judgment is denied and this case proceeds to trial.

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