Opinion
April 27, 1995
Appeal from the Supreme Court, Bronx County (Alan J. Saks, J.).
It was error for the IAS Court to grant summary judgment dismissing the complaint in this action for personal injuries arising from plaintiff's slip and fall on the stairway of an apartment building owned by defendant. Plaintiff's proofs presented a triable issue with respect to defendant's constructive notice of the allegedly dangerous condition upon the stairs between the 18th and 17th floors, which defendant failed to rebut as a matter of law (see, Colt v Great Atl. Pac. Tea Co., 209 A.D.2d 294). The affidavits of plaintiff and a neighbor were sufficient to permit an inference at trial that defendant had actual knowledge of vagrants congregating and urinating in the stairwell, thereby placing defendant on constructive notice with respect to each specific recurrence of he dangerous condition (Bronx County Pub. Adm'r v New York City Hous. Auth., 182 A.D.2d 517).
In view of the foregoing, it is unnecessary to reach plaintiff's contention with respect to inadequate lighting.
Concur — Ellerin, J.P., Wallach, Kupferman, Asch and Mazzarelli, JJ.