Opinion
9818 Index 156700/16
07-09-2019
Lea AUSCH–ALTERAS, Plaintiff–Appellant, v. EQUINOX—85TH STREET, INC., Defendant–Respondent.
Gottlieb Siegel & Schwartz, LLP, New York (Lauren M. Solari of counsel), for appellant. LaRocca Hornik Rosen & Greenberg LLP, New York (David N. Kittredge of counsel), for respondent.
Gottlieb Siegel & Schwartz, LLP, New York (Lauren M. Solari of counsel), for appellant.
LaRocca Hornik Rosen & Greenberg LLP, New York (David N. Kittredge of counsel), for respondent.
Renwick, J.P., Gische, Kapnick, Singh, JJ.
Order, Supreme Court, New York County (Gerald Lebovits, J.), entered December 14, 2018, 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 not warranted in this action, because plaintiff's deposition testimony that she felt "stuck" as she attempted to step off the elliptical machine, coupled with defendant's maintenance worker's testimony that his right leg was stretched out next to the elliptical machine on which plaintiff was exercising, cleaning the outlets in the area, and that plaintiff's foot hit his foot, causing her to lose balance and fall, were together sufficient to raise a triable issue as to whether plaintiff's injuries were caused by defendant's negligence ( Cohen v. Shopwell, Inc., 309 A.D.2d 560, 765 N.Y.S.2d 40 [1st Dept. 2003] ). An incident report prepared by the manager consistently recounts that plaintiff fell over a worker.