Aviles v. 2333 1ST Corp.
| Decision Date | 08 October 2009 |
| Docket Number | 1130.,16234/05. |
| Citation | 887 N.Y.S.2d 18,66 A.D.3d 432,2009 NY Slip Op 7191 |
| Parties | DAVID AVILES, Respondent, v. 2333 1ST CORP., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Plaintiff does not contend that defendant created the alleged water hazard on the building's interior stairs that allegedly caused him to slip and fall, and defendant does not contest the existence of the hazard. Defendant's evidence established that it did not have actual notice of the hazard (see Campanella v Marstan Pizza Corp., 280 AD2d 418, 418 [2001]). Furthermore, defendant described its usual cleaning procedures regarding the stairs, but did not indicate that such procedures were followed on the day of the accident. Defendant failed to show the last time the stairs were inspected before plaintiff fell, and thus there is a question of fact on whether defendant had constructive notice of the complained of condition (see Moser v BP/CG Ctr. I, LLC, 56 AD3d 323, 324 [2008], citing, inter alia, Baptiste v 1626 Meat Corp., 45 AD3d 259 [2007]).
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...defendant made no showing as to when the stairway was last inspected before plaintiff's accident ( see e.g. Avilesv. 2333 1st Corp., 66 A.D.3d 432, 887 N.Y.S.2d 18 [2009]). In Williams, we reversed an order granting a property owner's motion for summary judgment holding that because the own......
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...in this case (see Gautier v. 941 Intervale Realty LLC, 108 A.D.3d 481, 970 N.Y.S.2d 191 [1st Dept.2013] ; Aviles v. 2333 1st Corp., 66 A.D.3d 432, 887 N.Y.S.2d 18 [1st Dept.2009] ). The superintendent could not recall whether he had checked the laundry room on the day of the accident or off......
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Ross v. Trust
...Emigrant's failure to produce such evidence mandates that we deny summary [927 N.Y.S.2d 52] judgment ( see e.g. Aviles v. 2333 1st Corp., 66 A.D.3d 432, 887 N.Y.S.2d 18 [2009] citing Moser v. BP/CG Ctr. I, LLC, 56 A.D.3d 323, 866 N.Y.S.2d 869 [2008]. Emigrant concedes that the customer serv......
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Gautier v. 941 Intervale Realty LLC
...no showing as to when the stairway was last inspected before plaintiff's accident ( see e.g. [970 N.Y.S.2d 192]Aviles v. 2333 1st Corp., 66 A.D.3d 432, 887 N.Y.S.2d 18 [2009] ). In Williams, we reversed an order granting a property owner's motion for summary judgment holding that because th......