Opinion
2013-12-3
Lucrecia PENN, Plaintiff–Respondent, v. 57–63 WADSWORTH TERRACE HOLDING, LLC, et al., Defendants–Appellants.
Havkins Rosenfeld Ritzert & Varriale, LLP, New York (Tara C. Fappiano of counsel), for appellants. Paris & Chaikin, PLLC, New York (Jason L. Paris of counsel), for respondent.
Havkins Rosenfeld Ritzert & Varriale, LLP, New York (Tara C. Fappiano of counsel), for appellants. Paris & Chaikin, PLLC, New York (Jason L. Paris of counsel), for respondent.
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered August 2, 2012, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants, owners and property manager, failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff was injured when she slipped and fell on ice in the courtyard of the building in which she lived. The record presents triable issues of fact as to whether the icy condition that caused plaintiff's fall existed prior to the storm, and whether defendants lacked notice of the preexisting condition ( see Bojovic v. Lydig Bejing Kitchen, Inc., 91 A.D.3d 517, 936 N.Y.S.2d 205 [1st Dept.2012] ). Nor is Administrative Code of City of N.Y. § 16–123 availing to defendants' position because it does not appear that the accident occurred on a public sidewalk ( see Vosper v. Fives 160th, LLC, 110 A.D.3d 544, 973 N.Y.S.2d 589, [1st Dept.2013] ). ANDRIAS, J.P., ACOSTA, MOSKOWITZ, RICHTER, MANZANET–DANIELS, JJ., concur.