Opinion
2014-11-25
Jacquelin NELSON, Plaintiff–Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY, et al., Defendants–Respondents.
Alpert, Slobin & Rubenstein, LLP, Bronx (Morton Alpert of counsel), for appellant. Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for respondents.
Alpert, Slobin & Rubenstein, LLP, Bronx (Morton Alpert of counsel), for appellant. Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for respondents.
GONZALEZ, P.J., MAZZARELLI, MANZANET–DANIELS, GISCHE, CLARK, JJ.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 15, 2013, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Defendants failed to establish entitlement to judgment as a matter of law in this action where plaintiff was injured when, while descending the steps of a subway station, she slipped on a wet condition and fell down the steps. Defendants did not show that they lacked constructive notice of the subject condition, as their cleaner testified that he did not work the shift preceding plaintiff's accident, he did not witness plaintiff's fall, and he arrived upon the accident scene after the fall ( compare Harrison v. New York City Tr. Auth., 94 A.D.3d 512, 513, 941 N.Y.S.2d 622 [1st Dept.2012] ). The evidence as to general cleaning and inspection procedures does not constitute probative evidence of the procedures actually performed on the day of the accident ( see Seleznyov v. New York City Tr. Auth., 113 A.D.3d 497, 979 N.Y.S.2d 44 [1st Dept.2014]; Williams v. New York City Hous. Auth., 99 A.D.3d 613, 952 N.Y.S.2d 554 [1st Dept.2012] ).