Gifford v Commerce Bank

Gifford v Commerce Bank 2012 NY Slip Op 01189 Decided on February 16, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 16, 2012
Friedman, J.P., Sweeny, Renwick, DeGrasse, Román, JJ.
6832 112522/08

[*1]Longina Gifford, as Administratrix of the Estate of Thomas Markoski, Plaintiff-Respondent,

v

Commerce Bank, et al., Defendants-Appellants.




White and Williams LLP, New York (Michael J. Kozoriz of
counsel), for Commerce Bank, appellant.
Gallo Vitucci & Klar, LLP, New York (Kimberly A. Ricciardi
of counsel), for First Quality Maintenance, L.P., appellant.
Greenstein & Milbauer, LLP, New York (Andrew Bokar of
counsel), for respondent.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 14, 2011, which, in an action for personal injuries, denied defendants' motions for summary judgment dismissing the complaint and all cross claims as against them, unanimously reversed, on the law, without costs, and the motion granted.

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 plaintiff's decedent's deposition testimony was insufficient to raise a triable issue of fact as to whether the cleaning contractor caused or created the condition.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 16, 2012

CLERK