BIRTHWRIGHT v. MID-CITY SECURITY, INC, N.Y. App. Div., Judgment, Law, casemine.com

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Attorney(S)

Sol Mermelstein, Brooklyn, N.Y. (Sanford Hausler of counsel), for appellants. Bivona Cohen, New York, N.Y. (Roderick J. Coyne of counsel), for respondents.

Judges

Robert J. Miller

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Citation Codes

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Attorney(S)

Sol Mermelstein, Brooklyn, N.Y. (Sanford Hausler of counsel), for appellants. Bivona Cohen, New York, N.Y. (Roderick J. Coyne of counsel), for respondents.

Judges

Robert J. Miller

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ADRIENNE BIRTHWRIGHT, et al., appellants, v. MID-CITY SECURITY, INC., et al., defendants, LEFRAK ORGANIZATION, INC., et al., respondents (and a third-party action).

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

There is no evidence that the respondents created the puddle of water on which the plaintiff Adrienne Birthwright allegedly slipped or that they had actual or constructive notice of it. Therefore, the Supreme Court properly granted that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them ( see, Birthwright v. Mid-City Security, Inc., Appellate Division Docket No. 1998-03311 [decided herewith]).

SANTUCCI, J.P., S. MILLER, LUCIANO, and FEUERSTEIN, JJ., concur.

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BIRTHWRIGHT v. MID-CITY SECURITY, INC

ADRIENNE BIRTHWRIGHT, et al., appellants, v. MID-CITY SECURITY, INC., et al., defendants, LEFRAK ORGANIZATION, INC., et al., respondents (and a third-party action).

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