| Merdinger v Mutual Redevelopment Houses, Inc. |
| 2008 NY Slip Op 51186(U) [20 Misc 3d 126(A)] |
| Decided on June 16, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, New York
County (Manuel J. Mendez, J.), entered April 5, 2007, which denied its motion for summary
judgment dismissing the complaint.
Per Curiam
Order (Manuel J. Mendez, J.), entered April 5, 2007, affirmed, with $10 costs, for the reasons stated by Manuel J. Mendez, J. at Civil Court.
We note our agreement that defendant's own building log book — reflecting its
awareness that "slippery conditions" existed in the lobby at around 4:30 p.m., approximately four
hours prior to plaintiff's fall, that no protective floor mats were available "at this time," and that
another person fell in the lobby "due to slippery conditions" just after 6:00 p.m., as well as the
stated concerns of its entry writer that "something should be
done" — clearly suffices to raise a triable issue as to whether defendant had notice
of a dangerous condition (cf. Garcia v Delgado Travel Agency, 4 AD3d 207 [2004]).
This Constitutes the Decision and Order of the Court.
Decision Date: June 16, 2008