Opinion
570072/03.
Decided May 25, 2004.
Defendants appeal from an order of the Civil Court, New York County, entered May 9, 2002 (Eileen A. Rakower, J.) which denied their cross motions for summary judgment dismissing the complaint.
Order entered May 9, 2002 (Eileen A. Rakower, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
The action, seeking damages for injuries allegedly sustained by plaintiff when she slipped and fell on an exterior staircase leading to defendant Melbran Pharmacy's store premises, is not susceptible to summary dismissal. Plaintiff submitted proof in evidentiary form that the litter on which she slipped had been on the stairs for at least 30 minutes, thereby raising an issue of fact as to whether defendants had constructive notice of a dangerous condition ( see Quinn v. K-Mart Corp., 224 AD2d 988; Rose v. Da Ecib USA, 259 AD2d 258, 260; cf., Gordon v. American Museum of Natural History, 67 NY2d 836, 837-838). Nor was plaintiff required to prove that the defendants knew or should have known of the existence of the exact item of debris which caused her fall ( see Fundaro v. City of New York, 272 AD2d 516, 517). Evidence that the building owner, defendant Sirkin Realty Corp., retained control over and "clean[ed]" the staircase raises an issue or fact as to the co-defendants' joint responsibility for the maintenance of the area ( see Massucci v. Amoco Oil Co., 292 AD2d 351, 352).
This constitutes the decision and order of the court.