Appellate Division of the Supreme Court of New York, 1997

Soboleva v. Gojcaj

Soboleva v. Gojcaj
Appellate Division of the Supreme Court of New York · Decided April 8, 1997
238 A.D.2d 170; 655 N.Y.S.2d 950; 1997 N.Y. App. Div. LEXIS 3212
Soboleva v. Gojcaj

Opinion of the Court

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 29, 1996, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff has failed to present evidence that defendants had actual or constructive notice of an alleged ice patch that caused her to slip and fall, let alone sufficient time to remedy that condition (Simmons v Metropolitan Life Ins. Co., 84 NY2d 972, 973), or that her fall was caused by any act on the part of defendants creating or exacerbating that condition (see, Bernstein v City of New York, 69 NY2d 1020). Concur—Rosenberger, J. P., Wallach, Nardelli and Rubin, JJ.

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