Appellate Division of the Supreme Court of New York, 1999

El-Taher v. Memorial Hospital for Cancer & Allied Diseases

El-Taher v. Memorial Hospital for Cancer & Allied Diseases
Appellate Division of the Supreme Court of New York · Decided November 18, 1999
266 A.D.2d 92; 698 N.Y.S.2d 470; 1999 N.Y. App. Div. LEXIS 11672
El-Taher v. Memorial Hospital for Cancer & Allied Diseases

Opinion of the Court

—Order, Supreme Court, New York County (Emily Goodman, J.), entered February 6, 1999, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

A triable issue of fact exists as to whether defendant had constructive notice of the puddle of water in defendant’s cafeteria that allegedly caused plaintiff to slip and fall, where the documentary and testimonial evidence demonstrates that this condition may have been observed as much as a half hour prior to the occurrence (see, Rose v Da Ecib USA, 259 AD2d 258). Concur — Tom, J. P., Andrias, Saxe and Friedman, JJ.

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