Dessau v. Park & 76th St. Inc.

Appellate Division of the Supreme Court of New York

Dessau v. Park & 76th St. Inc.

283 A.D.2d 263, 724 N.Y.S.2d 741, 2001 N.Y. App. Div. LEXIS 5100

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

DecidedMay 17, 2001

StatusPublished

This text of 283 A.D.2d 263 (Dessau v. Park & 76th St. Inc.) 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

Dessau v. Park & 76th St. Inc., 283 A.D.2d 263, 724 N.Y.S.2d 741, 2001 N.Y. App. Div. LEXIS 5100 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about October 5, 2000, which, inter alia, denied appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The affidavits of plaintiff and her housekeeper, stating that workmen were present in the lobby of the subject building on the day of the accident cleaning the floor, and that prior to the accident the housekeeper had complained that the floor was slippery, were sufficient to raise triable issues of fact as to whether appellants created or had actual or constructive notice of the allegedly hazardous condition. Accordingly, summary judgment was properly denied. Concur — Sullivan, P. J., Nardelli, Williams, Rubin and Marlow, JJ.

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—Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about October 5, 2000, which, inter alia, denied appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The affidavits of plaintiff and her housekeeper, stating that workmen were present in the lobby of the subject building on the day of the accident cleaning the floor, and that prior to the accident the housekeeper had complained that the floor was slippery, were sufficient to raise triable issues of fact as to whether appellants created or had actual or constructive notice of the allegedly hazardous condition. Accordingly, summary judgment was properly denied. Concur — Sullivan, P. J., Nardelli, Williams, Rubin and Marlow, JJ.

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Bluebook (online)

283 A.D.2d 263, 724 N.Y.S.2d 741, 2001 N.Y. App. Div. LEXIS 5100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dessau-v-park-76th-st-inc-nyappdiv-2001.