Coletta v. City of New York

Appellate Division of the Supreme Court of New York

Coletta v. City of New York

291 A.D.2d 527, 737 N.Y.S.2d 862, 2002 N.Y. App. Div. LEXIS 1955

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 2002

StatusPublished

Cited by3 cases

This text of 291 A.D.2d 527 (Coletta v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coletta v. City of New York, 291 A.D.2d 527, 737 N.Y.S.2d 862, 2002 N.Y. App. Div. LEXIS 1955 (N.Y. Ct. App. 2002).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendant New York City Housing Authority appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 18, 2001, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the Supreme Court properly denied its motion for summary judgment. The plaintiffs evidentiary submissions were sufficient to raise an issue of fact as to whether the appellant had actual knowledge of the ongoing and recurring condition of garbage inside the stairwell, and thus may be charged with constructive notice of the reoccurrence of that condition at the location where the plaintiff slipped and fell (see, Simoni v 2095 Cruger Assoc., 285 AD2d 431; Osorio v Wendell Terrace Owners Corp., 276 AD2d 540; Benn v Municipal Hous. Auth. for City of Yonkers, 275 AD2d 755; O’Grady v New York City Hous. Auth., 259 AD2d 442). Altman, J.P., Smith, Krausman, McGinity and Cozier, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, the defendant New York City Housing Authority appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 18, 2001, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the Supreme Court properly denied its motion for summary judgment. The plaintiffs evidentiary submissions were sufficient to raise an issue of fact as to whether the appellant had actual knowledge of the ongoing and recurring condition of garbage inside the stairwell, and thus may be charged with constructive notice of the reoccurrence of that condition at the location where the plaintiff slipped and fell (see, Simoni v 2095 Cruger Assoc., 285 AD2d 431; Osorio v Wendell Terrace Owners Corp., 276 AD2d 540; Benn v Municipal Hous. Auth. for City of Yonkers, 275 AD2d 755; O’Grady v New York City Hous. Auth., 259 AD2d 442). Altman, J.P., Smith, Krausman, McGinity and Cozier, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

291 A.D.2d 527, 737 N.Y.S.2d 862, 2002 N.Y. App. Div. LEXIS 1955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coletta-v-city-of-new-york-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack