Gloth v. Brusco Equities, LLC, Inc.
Cases that cite this one
3 later published cases cite this decision.
- Branham v. Loews Orpheum Cinemas, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Quach v. C&A Jerome Realty, LLC (Appellate Division of the Supreme Court of New York 2025)
- Machado v. Clinton Housing Development Co. (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Harold Beeler, J), entered January 2, 2003, which granted defendants’ motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.
There is no evidence that defendants had actual or constructive notice of the defective condition that caused plaintiff’s injury (see Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 646 [1996]). The court properly disregarded plaintiffs affidavit on the issue of notice since it contradicted his prior deposition testimony and was clearly tailored to create an issue of fact (Phillips v Bronx Lebanon Hosp., 268 AD2d 318, 320 [2000]). Concur — Nardelli, J.P, Andrias, Rosenberger and Friedman, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.