Froehlich v New York City Tr. Auth.
2003 NY Slip Op 18526 [1 AD3d 245]
November 20, 2003
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2004


James Froehlich, Respondent,
v
New York City Transit Authority, Appellant.

— Order, Supreme Court, New York County (Robert Lippmann, J.), entered March 28, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While defendant maintains that it had no notice of the hazard to which plaintiff attributes his harm, i.e., an accumulation of water on the floor of one of its subway stations, and that summary judgment should therefore have been granted dismissing the complaint, triable issues as to notice are raised by plaintiff's evidence indicating that the complained-of hazard had been observed by another commuter some eight hours prior to plaintiff's accident (cf. Gordon v American Museum of Natural History, 67 NY2d 836 [1986]). Concur—Buckley, P.J., Rosenberger, Ellerin, Williams and Gonzalez, JJ.