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Longina Gifford, As Administratrix of the Estate of Thomas Markoski v. Commerce Bank

February 16, 2012

LONGINA GIFFORD, AS ADMINISTRATRIX OF THE ESTATE OF THOMAS MARKOSKI,
PLAINTIFF-RESPONDENT,
v.
COMMERCE BANK, ET AL.,
DEFENDANTS-APPELLANTS.



Gifford v Commerce Bank

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, Roman, JJ.

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

20120216

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