GONZALEZ-JARRIN v. NEW YORK CITY DEPARTMENT OF EDUCATION


50 A.D.3d 334 (2008)

855 N.Y.S.2d 87

AIDA GONZALEZ-JARRIN et al., Respondents, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants.

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

Decided April 8, 2008.


Defendants established prima facie their entitlement to judgment as a matter of law by demonstrating that at the time of plaintiff's accident it had been raining or snowing for several hours, that they had placed a mat on the vestibule floor, and that they had neither actual nor constructive notice of the particular wet condition that allegedly caused plaintiff to slip (see Garcia v Delgado Travel Agency, 4 A.D.3d 204 [2004]). Defendants...

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