Opinion
2014-06-5
Peter FAMA, Plaintiff–Appellant, v. CITY OF NEW YORK, et al., Defendants–Respondents,
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Jenna Lynn Krueger of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Jenna Lynn Krueger of counsel), for respondents.
FRIEDMAN, J.P., ACOSTA, SAXE, FEINMAN, GISCHE, JJ.
Order, Supreme Court, New York County (Margaret A. Chan, J.), entered April 10, 2013, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff alleges he was injured when he slipped and fell on a puddle of grease on the floor of the sanitation garage where he worked. Defendants failed to meet their prima facie burden of establishing that they neither created nor had notice of the dangerous condition ( see Arnold v. New York City Hous. Auth., 296 A.D.2d 355, 745 N.Y.S.2d 26 [1st Dept.2002] ). The testimony of the supervisor on duty was insufficient to establish when the floor was last inspected before plaintiff's accident ( see Guerrero v. Duane Reade, Inc., 112 A.D.3d 496, 976 N.Y.S.2d 385 [1st Dept.2013];Cater v. Double Down Realty Corp., 101 A.D.3d 506, 954 N.Y.S.2d 877 [1st Dept.2012] ). Further, plaintiff's evidence was sufficient to raise an issue of fact as to whether the condition was created by defendants' workers on the prior shift ( see Fragale v. City of New York, 88 A.D.3d 488, 489, 931 N.Y.S.2d 13 [1st Dept.2011] ).
We have considered defendants' remaining contentions and find them unavailing.