Opinion
December 29, 1995
Appeal from the Supreme Court, Suffolk County (Newmark, J.).
Ordered that the order is affirmed, with costs.
The plaintiff was injured when he slipped and fell from a ladder while working in the defendant's home. The plaintiff claims that he slipped from the ladder because of a wet substance on the bottom of his shoe which came from a puddle of water on the floor of the premises. Since there are factual issues with reference to, among other things, whether the defendant had constructive notice of the alleged unsafe condition and whether the alleged unsafe condition proximately caused the plaintiff's injuries, the Supreme Court properly denied the defendant's summary judgment motion ( see generally, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324; Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837-838; Giambrone v New York Yankees, 181 A.D.2d 547, 548). Copertino, J.P., Pizzuto, Santucci and Joy, JJ., concur.