Notice witness

Rizos v Galini Seafood Rest., 2011 NY Slip Op 08576 (2nd Dept., 2011)

The admissible evidence which the plaintiff submitted in opposition to the defendants' motion failed to raise a triable issue of fact as to the cause of the accident (see Dalinedesroches v Lazard, 70 AD3d at 626; Morgan v Windham Realty, LLC, 68 AD3d at 829; Teplitskaya v 3096 Owners Corp., 289 AD2d at 478). The affidavit of a nonparty witness relating to the defendants' notice of the alleged dangerous condition could not be considered in determining the motion, as the witness was not properly disclosed as a notice witness (see Muniz v New York City Hous. Auth., 38 AD3d 628; Williams v ATA Hous. Corp., 19 AD3d 406, 407).

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