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Longina Gifford, as Administratrix of the Estate of Thomas Markoski, Deceased, Respondent, v. Commerce Bank et al., Appellants

New York Supreme Court, Appellate Division2012-02-16
92 A.D.3d 539938 N.Y.S.2d 436

Authorities cited

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Opinion

majority opinion

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.