Cater v. Double Down Realty Corp.

• Decision Date: 13 December 2012
• Parties: April CATER, Plaintiff–Appellant, v. DOUBLE DOWN REALTY CORP., et al., Defendants–Respondents.
• Court: New York Supreme Court — Appellate Division

101 A.D.3d 506

954 N.Y.S.2d 877

2012 N.Y. Slip Op. 08647

April CATER, Plaintiff–Appellant,

v.DOUBLE DOWN REALTY CORP., et al., Defendants–Respondents.

Supreme Court, Appellate Division, First Department, New York.

Dec. 13, 2012.

Bader Yakaitis & Nonnenmacher, LLP, New York (Robert E. Burke of counsel), for appellant.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Joel M. Simon of counsel), for respondents.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 19, 2011, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff slipped and fell as she descended the interior stairs of defendants' building. The evidence submitted by defendants was insufficient to show that they lacked constructive notice of the alleged wet condition of the stairs. Defendants failed to offer specific evidence as to their activities on the day of the accident, including evidence indicating the last time the staircase was inspected, cleaned, or maintained before plaintiff's fall ( see Moser v. BP/CG Ctr. I, LLC, 56 A.D.3d 323, 866 N.Y.S.2d 869 [1st Dept. 2008] ).

TOM, J.P., SWEENY, MOSKOWITZ, RENWICK, CLARK, JJ., concur.