Opinion
02-16-2017
Jimmy VARGAS, Plaintiff–Appellant, v. CADWALADER WICKERSHAM & TAFT, LLP, Defendant–Respondent.
Diamond & Diamond LLC, Brooklyn (Stuart Diamond of counsel), for appellant. Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for respondent.
Diamond & Diamond LLC, Brooklyn (Stuart Diamond of counsel), for appellant.
Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for respondent.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about April 12, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Summary judgment was improperly granted, because the record presents triable issues of fact as to whether defendant had constructive notice of the alleged defective condition. The deposition testimony of defendant's manager of office and building services and the affidavit of its assistant manager are insufficient to demonstrate that defendant lacked constructive notice of the piece of metal sticking out from the leg of one of its mailroom tables, because both individuals lacked personal knowledge as to when the table or its legs were last inspected or their condition before the accident (see e.g. Dylan P. v. Webster Place Assoc., L.P., 132 A.D.3d 537, 18 N.Y.S.3d 42 [1st Dept.2016], affd. 27 N.Y.3d 1055, 35 N.Y.S.3d 292, 54 N.E.3d 1163 [2016] ; Rodriquez v. Concourse Vil. Inc., 104 A.D.3d 410, 959 N.Y.S.2d 916 [1st Dept.2013] ; Baptiste v. 1626 Meat Corp., 45 A.D.3d 259, 844 N.Y.S.2d 271 [1st Dept.2007] ).
FRIEDMAN, J.P., MAZZARELLI, ANDRIAS, FEINMAN, GESMER, JJ., concur.