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HAMILTON v. 3339 PARK DEVELOPMENT LLC

5613. 301740/13.

158 A.D.3d 440 (2018)

70 N.Y.S.3d 484

2018 NY Slip Op 00799

DANNY HAMILTON, Respondent, v. 3339 PARK DEVELOPMENT LLC, Defendant, and NAICA HOUSING DEVELOPMENT FUND COMPANY, INC., Appellant.

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

Decided February 6, 2018.

Defendant failed to establish its prima facie entitlement to judgment as a matter of law by submitting evidence establishing that it neither created nor had notice of the alleged wet condition that caused plaintiff to slip and fall (see e.g. Garcia v Delgado Travel Agency, 4 A.D.3d 204 [2004]). In support of the motion, defendant relied on the deposition testimony of the plaintiff; building superintendent, Mr. Turull; and housekeeper...

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