Opinion
6483 Index 155950/15
05-08-2018
Christina MAYNARD–KEELER, Plaintiff–Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Defendant–Appellant.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for appellant. Daniella Levi & Associates, P.C., Fresh Meadows (Steven L. Sonkin of counsel), for respondent.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of counsel), for appellant.
Daniella Levi & Associates, P.C., Fresh Meadows (Steven L. Sonkin of counsel), for respondent.
Sweeny, J.P., Renwick, Mazzarelli, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered November 20, 2017, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Although, under Administrative Code of City of N.Y. § 16–123(a), defendant had no duty to remove snow and ice from the accident location, the court properly denied defendant's motion since it failed to demonstrate, as a matter of law, that it did not cause, create, or exacerbate the icy condition after it undertook to clean the sidewalk during the winter storm. Neither the testimony of the property's caretaker nor the affidavit of the supervisor of caretakers's indicates that they inspected the location before the accident and saw that it was properly treated with salt or sand (see Pipero v. New York City Tr. Auth. , 69 A.D.3d 493, 894 N.Y.S.2d 39 [1st Dept. 2010] ; Renjifo v. Bay Shore Estadio Rest., Inc. , 55 A.D.3d 485, 486, 866 N.Y.S.2d 192 [1st Dept. 2008] ).