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CHARLES v. BROOKFIELD PROPERTIES OLP CO. LLC

6326 154687/14.

160 A.D.3d 533 (2018)

72 N.Y.S.3d 435

2018 NY Slip Op 02710

Alberto Charles, Respondent, v. Brookfield Properties OLP Co. LLC, Appellant/Third-Party Plaintiff-Appellant. Harvard Maintenance Inc., Third-Party Defendant-Respondent.

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

Decided April 19, 2018.

Brookfield failed to establish that it did not have constructive notice of the dangerous condition that caused plaintiff to slip and fall. Although Brookfield submitted testimony showing that the restroom where plaintiff's alleged accident occurred was routinely cleaned on Friday nights between 9:30 p.m. and 12:00 a.m., it failed to present evidence showing that the restroom remained in a clean condition on the following Monday...

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