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Low v. 138-15 Franklin Avenue Apartments Corp.

272 A.D.2d 57 Court N.Y. App. Div. Decision date 2000-05-02 English

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p. 57
Edith Low, Appellant, v 138-15 Franklin Avenue Apartments Corp., Respondent.
[707 NYS2d 317]

—Judgment, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 11, 1999, which, upon the grant of defendant’s motion to set aside the jury verdict for failure to set forth a prima

p. 58
facie case, dismissed the complaint, unanimously affirmed, without costs.

Even if as claimed by plaintiff, the wetness, caused by tracked-in melting snow, on which plaintiff slipped and fell in defendant’s apartment building lobby, was of sufficient accumulation to constitute a dangerous condition, plaintiff failed to establish that defendant had actual or constructive notice of the condition that caused her fall (see, Piacquadio v Recine Realty, 84 NY2d 967 ; Allen v Brooks, 246 AD2d 438 ; Puryear v New York City Hous. Auth., 255 AD2d 138 ). Concur — Sullivan, P. J., Rosenberger, Williams, Wallach and Buckley, JJ.

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