Appellate Division of the Supreme Court of New York, 2016

Velez v. 2420 Davidson

Velez v. 2420 Davidson
Appellate Division of the Supreme Court of New York · Decided November 15, 2016 · Renwick, Moskowitz, Kapnick, Kahn, Gesmer
2016 NY Slip Op 7590; 144 A.D.3d 493; 40 N.Y.S.3d 759
Velez v. 2420 Davidson

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.

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