Opinion
2012-03-1
Norma Iris MALDONADO, Plaintiff–Respondent, v. The CITY OF NEW YORK, et al., Defendants,The New York City Board of Education, Defendant–Appellant.
Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for appellant. Linda Trummer–Napolitano, White Plains, for respondent.
Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for appellant. Linda Trummer–Napolitano, White Plains, for respondent.
GONZALEZ, P.J., SWEENY, MOSKOWITZ, RENWICK, RICHTER, JJ.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered February 2, 2010, which, to the extent appealed from as limited by the briefs, in this action for personal injuries allegedly sustained when plaintiff slipped and fell on sand and debris as she descended the exterior staircase of a school building, denied the motion of defendant New York City Board of Education for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Although defendant's submissions in support of the motion, including the testimony of the custodian of the school, indicated that the area of the accident was inspected and cleaned on the morning of the accident, plaintiff's fall did not occur until after 7 P.M. and there was evidence of ongoing construction in the area of the stairs. Under these circumstances, defendant failed to meet its initial burden of showing that it did not have constructive notice of the alleged dangerous condition ( see Nugent v. 1235 Concourse Tenants Corp., 83 A.D.3d 532, 920 N.Y.S.2d 660 [2011]; Edwards v. Wal–Mart Stores, 243 A.D.2d 803, 662 N.Y.S.2d 855 [1997]; compare DeJesus v. New York City Hous. Auth., 53 A.D.3d 410, 861 N.Y.S.2d 31 [2008], affd. 11 N.Y.3d 889, 873 N.Y.S.2d 259, 901 N.E.2d 752 [2008] ).