Davis v. 1715 Walton Avenue Properties, LLC

2017 NY Slip Op 7950, 155 A.D.3d 454, 63 N.Y.S.3d 671

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 14, 2017
• Docket: 4931 311094/11
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered March 16, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants failed to establish prima facie that they did not have actual notice of the hazardous condition of the bathroom floor in plaintiff’s apartment (see Negroni v Langsam Prop. Servs. Corp., 124 AD3d 565 [1st Dept 2015]).

Concur—Friedman, J.P., Kapnick, Webber, Gesmer and Oing, JJ.