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PLAKSTIS v. LIGHTHOUSE

Appellate Division of the Supreme Court of New York, Second Department.
Feb 13, 2007
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Ordered that the order is affirmed insofar as appealed from, with costs to the respondents.

The defendant Lighthouse, LLC (hereinafter Lighthouse), made a prima facie showing of its entitlement to summary judgment dismissing the complaint insofar as asserted against it. It established, as a matter of law, that it neither created nor had actual or constructive notice of the allegedly defective door ( see Singer v St. Francis Hosp., 21 AD3d 469; Lustenring v 98-100 Realty, 1 AD3d 574, 578). In opposition, the plaintiff failed to raise a triable issue of fact.

Accordingly, the Supreme Court properly granted that branch of Lighthouse's motion which was for summary judgment dismissing the complaint insofar as asserted against it.