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REYNOLDS v. KNIBBS, 15 N.Y.3d 879 (2010)

Court: Court of Appeals of New York Number: innyco20101026395 Visitors: 4
Filed: Oct. 26, 2010
Latest Update: Oct. 26, 2010
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied. Plaintiffs raised a triable issue of fact as to whether defendants had constructive notice of the alleged defect in the stairs ( see Gordon v American Museum of Natural History, 67 N.Y.2d 836 , 837 [1986]). On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied. Plaintiffs raised a triable issue of fact as to whether defendants had constructive notice of the alleged defect in the stairs (see Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837 [1986]).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

Source:  Leagle

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