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CASADO v. OUB HOUSES HOUSING CO. INC.

59 A.D.3d 272 (2009)

873 N.Y.S.2d 300

ERIKA CASADO, Appellant, v. OUB HOUSES HOUSING CO. INC. et al., Respondents.

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

Decided February 19, 2009.

Defendants established their entitlement to summary judgment in this negligence action by submitting evidence that they had no notice of the condition in the building's elevator alleged to have caused plaintiff's fall, and her opposition failed to create any material issue of fact (see Dennis v Bartow Stationery, 28 A.D.3d 238 [2006]; Tejeda v Six Ten Mgt. Corp., 15 A.D.3d 265 [2005]). Although...

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