Opinion
01-31-2017
Shaya NARVAEZ, Plaintiff–Appellant, v. RIVER VIEW REDEVELOPMENT CO., LP, Defendant–Respondent.
Mirman, Markovits & Landau, P.C., New York (Ephrem J. Wertenteil of counsel), for appellant. Brody & Branch LLP, New York (Tanya Branch of counsel), for respondent.
Mirman, Markovits & Landau, P.C., New York (Ephrem J. Wertenteil of counsel), for appellant.
Brody & Branch LLP, New York (Tanya Branch of counsel), for respondent.
MAZZARELLI, J.P., MANZANET–DANIELS, FEINMAN, WEBBER, GESMER, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered November 9, 2015, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Triable issues of fact exist in this action where plaintiff was injured when she slipped on a wet condition and fell as she descended the stairs in defendant's building. Plaintiff testified that the source of the wet condition that caused her fall was a leaky pipe on the fifth–floor stairwell that she had previously observed and lodged complaints about to defendant's personnel. Such testimony raises triable issues as to whether a recurring condition existed that was left unaddressed by defendant (see Cignarella v. Anjoe–A.J. Mkt., Inc., 68 A.D.3d 560, 561, 890 N.Y.S.2d 542 [1st Dept.2009] ; O'Connor–Miele v. Barhite & Holzinger, 234 A.D.2d 106, 650 N.Y.S.2d 717 [1st Dept.1996] ). Although the superintendent of defendant's building denied that the condition ever existed, credibility issues are properly reserved for the trier of fact.