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TOMAO v. CITY OF NEW YORK

61 A.D.3d 674 (2009)

876 N.Y.S.2d 489

TATIANA TOMAO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 7, 2009.

Ordered that the order is affirmed, with costs.

In this slip-and-fall case, the defendants made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidence demonstrating that they neither created nor had actual or constructive notice of the allegedly dangerous condition created by water that had just been tracked into a school by the infant plaintiff (see Rodriguez v White Plains Pub. Schools, 35 A.D.3d...

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