Opinion
8691 Index 162531/15
03-14-2019
Alyson SHATSKY, Plaintiff–Respondent, v. HIGHPOINT ASSOCIATES V, LLC, et al., Defendants–Appellants.
Law Offices of Michael E. Pressman, New York (Steven H. Cohen of counsel), for appellants. Pasich LLP, New York (Jeffrey L. Schulman of counsel), for respondent.
Law Offices of Michael E. Pressman, New York (Steven H. Cohen of counsel), for appellants.
Pasich LLP, New York (Jeffrey L. Schulman of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Kapnick, Kahn, Oing, JJ.
Order, Supreme Court, New York County (Carmen Victoria St. George, J.), entered August 21, 2018, which, inter alia, denied defendants' motions for summary judgment, unanimously affirmed, without costs.
Triable issues of fact regarding whether defendant Bagels and More created a slipping hazard allegedly responsible for plaintiff's accident by diverting condensation from its air conditioning unit down the side of the door with a plastic tube, such that water streamed down the tube onto the sidewalk and onto the warning tile (see Gary v. 101 Owners Corp., 89 A.D.3d 627, 934 N.Y.S.2d 13 [1st Dept. 2011] ), combined with photographs, video, deposition testimony, and expert affidavits that provide conflicting evidence as to whether the other defendants had notice of the hazardous condition, preclude the granting of summary judgment (see Irizarry v.1915 Realty LLC, 135 A.D.3d 411, 22 N.Y.S.3d 418 [1st Dept. 2016] ; Jahn v. SH Entertainment, LLC, 117 A.D.3d 473, 985 N.Y.S.2d 509 [1st Dept. 2014] ).