Acevedo v. Morton West Associates

Full title: RUBEN ACEVEDO, Respondent, v. MORTON WEST ASSOCIATES et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 21, 1996

227 A.D.2d 280 (N.Y. App. Div. 1996)

642 N.Y.S.2d 311

Opinion

May 21, 1996

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).

An issue of fact exists as to whether defendants had notice of the puddle on which plaintiff allegedly slipped, where it allegedly was only three feet from the security desk. Plaintiff's deposition testimony and that of the security guard, who had been on duty several hours before and during plaintiff's accident and was responsible for cleaning up lobby spills, creates issues of credibility on the issue of notice that are inappropriate for summary treatment ( Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338, 341).

Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Williams, JJ.