Velez v. 2420 Davidson

2016 NY Slip Op 7590, 144 A.D.3d 493, 40 N.Y.S.3d 759

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 15, 2016
• Docket: 2191 303950/14
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 19, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that triable issues of fact exist as to whether defendants created the dangerous condition of ice, on which plaintiff slipped and fell, or had actual or constructive notice of it (see generally Rodriguez v 705-7 E. 179th St. Hous. Dev. Fund Corp., 79 AD3d 518 [1st Dept 2010]).

Concur— Renwick, J.P., Moskowitz, Kapnick, Kahn and Gesmer, JJ.