Cruz v. New York City Housing Authority

Full title: CARMEN CRUZ, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 1993

192 A.D.2d 322 (N.Y. App. Div. 1993)

595 N.Y.S.2d 449

Opinion

April 1, 1993

Appeal from the Supreme Court, Bronx County (Anita Florio, J.).

Plaintiff's failure to supply the name of a notice witness was inadvertent, and defendant is not prejudiced because it has been given a further opportunity to depose plaintiff. Therefore, there is no need to preclude introduction of the witness' testimony at trial.

Summary judgment was properly denied since the witness' affidavit concerning the substance that allegedly caused the plaintiff's fall created a triable issue as to whether the defendant had actual or constructive notice.

Concur — Carro, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.