Appellate Division of the Supreme Court of New York, 2012

Gifford v. Commerce Bank

Gifford v. Commerce Bank
Appellate Division of the Supreme Court of New York · Decided February 16, 2012
92 A.D.3d 539; 938 N.Y.2d 436
Gifford v. Commerce Bank

Opinion of the Court

Defendants’ motions for summary judgment should have been granted because they demonstrated that they lacked actual or constructive notice of the alleged dangerous condition, and plaintiffs decedent’s deposition testimony was insufficient to raise a triable issue of fact as to whether the cleaning contractor caused or created the condition. Concur — Friedman, J.P, Sweeny, Renwick, DeGrasse and Román, JJ.

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