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Merdinger v. Mut. Redev. Houses, Inc.

Appellate Term of the Supreme Court of New York, First Department
Jun 16, 2008
2008 N.Y. Slip Op. 51186 (N.Y. App. Term 2008)

Opinion

570016/08.

Decided on June 16, 2008.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered April 5, 2007, which denied its motion for summary judgment dismissing the complaint.

McKeon, P.J., Davis, Schoenfeld, JJ.


Order (Manuel J. Mendez, J.), entered April 5, 2007, affirmed, with $10 costs, for the reasons stated by Manuel J. Mendez, J. at Civil Court.

We note our agreement that defendant's own building log book — reflecting its awareness that "slippery conditions" existed in the lobby at around 4:30 p.m., approximately four hours prior to plaintiff's fall, that no protective floor mats were available "at this time," and that another person fell in the lobby "due to slippery conditions" just after 6:00 p.m., as well as the stated concerns of its entry writer that "something should be done" — clearly suffices to raise a triable issue as to whether defendant had notice of a dangerous condition ( cf. Garcia v Delgado Travel Agency, 4 AD3d 207).

This Constitutes the Decision and Order of the Court.


Summaries of

Merdinger v. Mut. Redev. Houses, Inc.

Appellate Term of the Supreme Court of New York, First Department
Jun 16, 2008
2008 N.Y. Slip Op. 51186 (N.Y. App. Term 2008)
Case details for

Merdinger v. Mut. Redev. Houses, Inc.

Case Details

Full title:RUTH MERDINGER, Plaintiff-Respondent v. MUTUAL REDEVELOPMENT HOUSES, Inc.…

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

Date published: Jun 16, 2008

Citations

2008 N.Y. Slip Op. 51186 (N.Y. App. Term 2008)