Summary
recurring condition of garbage in stairwell
Summary of this case from Rivera v. 2160 Realty Co., L.L.COpinion
2001-09525
Submitted January 23, 2002.
February 25, 2002.
In an action to recover damages for personal injuries, the defendant New York City Housing Authority appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 18, 2001, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Cullen Dykman, LLP, New York, N.Y. (Herzfeld Rubin, P.C. [Herbert Rubin] of counsel), for appellant.
Schwartzapfel, Novick, Truhowsky, Marcus, P.C., New York, N.Y. (Alexander J. Wulwick of counsel), for plaintiff-respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
Contrary to the appellant's contention, the Supreme Court properly denied its motion for summary judgment. The plaintiff's evidentiary submissions were sufficient to raise an issue of fact as to whether the appellant had actual knowledge of the ongoing and recurring condition of garbage inside the stairwell, and thus may be charged with constructive notice of the re-occurrence of that condition at the location where the plaintiff slipped and fell (see, Simoni v. 2095 Cruger Assocs., 285 A.D.2d 431; Osorio v. Wendell Terrace Owners Corp., 276 A.D.2d 540; Benn v. Municipal Housing Auth. for the City of Yonkers, 275 A.D.2d 755; O'Grady v. New York City Hous. Auth., 259 A.D.2d 442).
ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.