Opinion
January 11, 2000
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered November 9, 1998, granting defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law and the facts, without costs, the motion denied and the complaint reinstated.
Alexander J. Wulwick, for plaintiffs-appellants.
Donald G. Derrico, for defendant-respondent.
ROSENBERGER, J.P., WILLIAMS, TOM, MAZZARELLI, BUCKLEY, JJ.
Plaintiff Anita Goldblatt alleged that she slipped and fell in the vicinity of a coffee bar in defendant's supermarket. At her deposition, she testified that she was a frequent customer, and routinely noticed food and paper waste on the floor, which also were present when she fell, and puddles of moisture from coffee and water spills from tea near the coffee urns. This evidence satisfies plaintiff's obligation to submit sufficient facts to establish actual or constructive notice of the defective condition (O'Connor-Miele v. Barhite Holzinger, 234 A.D.2d 106; compare,Fasolino v. Charming Stores, 77 N.Y.2d 847 [notice not provided merely by the fall itself]) in order to present a trial issue on liability. Defendant's evidence tending to establish routine cleaning of the subject location, and, possibly, cleaning shortly before the incident, merely presents a factual dispute for resolution at trial.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.