| Velez v 2420 Davidson |
| 2016 NY Slip Op 07590 [144 AD3d 493] |
| November 15, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Carlos Velez, Respondent, v 2420 Davidson et al., Appellants. |
Cascone & Kluepfel, LLP, Garden City (James K. O'Sullivan of counsel), for appellants.
Joel Zuckerberg, Ossining, for respondent.
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.