Brown v. Phillbert

Summary

The Appellate Division, First Department, affirmed the denial of defendants' motion for summary judgment in a premises-liability action involving a plaintiff's fall on water in a building vestibule. The court held that defendants failed to establish prima facie that they did not create or have actual or constructive notice of the allegedly hazardous condition.

Holdings

1. Defendants failed to establish prima facie that they neither created nor had actual or constructive notice of the alleged water condition; therefore, summary judgment dismissing the complaint was properly denied.

Questions Presented

1. Whether defendants established prima facie that they neither created nor had actual or constructive notice of the water condition that allegedly caused plaintiff's fall.
2. Whether defendants were entitled to summary judgment dismissing the premises-liability complaint.

Disposition

affirmed