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ROSARIO v. CECI RESTAURANT, INC.

2230, 103969/09, 590166/10.

144 A.D.3d 538 (2016)

2016 NY Slip Op 07758

40 N.Y.S.3d 775

JOSE ROSARIO, Doing Business as INWOOD PHOTO, Respondent, v. CECI RESTAURANT, INC., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided November 17, 2016.

Ceci established its prima facie entitlement to summary judgment by submitting evidence showing that it did not create or have actual or constructive notice of the condition that caused the fire that started in its restaurant and spread to plaintiff's business located in an adjacent building (see generally Gordon v American Museum of Natural History, 67 N.Y.2d 836 [1986]).

In opposition, plaintiff submitted, inter alia, the...

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