Opinion
May 20, 1996
Appeal from the Supreme Court, Queens County (Lane, J.).
Ordered that the order is affirmed, with costs.
The plaintiff Gloria Weingrad allegedly sustained injuries when she slipped on a wet slippery substance in the lobby of her apartment building, which is owned by Aguilar Gardens, Inc. (hereinafter Aguilar), and managed by Excelsior Management Corporation (hereinafter Excelsior). The dangerous condition was allegedly created by the porter, who was cleaning the floor. Pursuant to a contract between Aguilar and Excelsior, Excelsior "directly supervise[d] the work of" all maintenance employees.
The plaintiffs need not demonstrate that the hazard was visible and apparent, or had existed for a particular length of time since there was evidence that the porter created the allegedly hazardous condition while cleaning the floor ( see, e.g., Gaither v. Saga Corp., 203 A.D.2d 239). Further, the porter who is charged with having been negligent was directly supervised by Excelsior. Accordingly, there are issues of fact which preclude the granting of summary judgment ( cf., Ioannidou v Kingswood Mgt. Corp., 203 A.D.2d 248). Rosenblatt, J.P., Miller, Pizzuto and Goldstein, JJ., concur.