HABINOWSKI v. CHIN


24 A.D.3d 608 (2005)

807 N.Y.S.2d 386

LYNNE HABINOWSKI et al., Appellants, v. TOMMY HOY MOON CHIN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 2005.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In response to the defendants' prima facie showing of entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact as to whether the defendants had constructive notice of, or created, the icy condition in the parking lot where the injured plaintiff allegedly slipped and fell (see Simmons v. Metropolitan Life Ins. Co., 84...

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