Opinion
2260
November 20, 2003.
Order, Supreme Court, New York County (Robert Lippmann, J.), entered March 28, 2002, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Robert L. Bernstein, Jr., for plaintiff-respondent.
Steve Efron, for defendant-appellant.
Before: Buckley, P.J., Rosenberger, Ellerin, Williams, Gonzalez, JJ.
While defendant maintains that it had no notice of the hazard to which plaintiff attributes his harm, i.e., an accumulation of water on the floor of one of its subway stations, and that summary judgment should therefore have been granted dismissing the complaint, triable issues as to notice are raised by plaintiff's evidence indicating that the complained-of hazard had been observed by another commuter some eight hours prior to plaintiff's accident (cf. Gordon v. Am. Museum of Natural History, 67 N.Y.2d 836).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.