Opinion
13784 Index No. 159225/18 Case No. 2020-04613
05-11-2021
Marilyn REAGAN, Plaintiff-Respondent, v. DELMONICO MARKET PLACE, INC., Defendant-Appellant.
Traub Lieberman Straus & Shrewsberry LLP, Hawthorne (Erin L. O'Dea of counsel), for appellant. Bruce Montague & Partners, Bayside (Craig Ian Gardy of counsel), for respondent.
Traub Lieberman Straus & Shrewsberry LLP, Hawthorne (Erin L. O'Dea of counsel), for appellant.
Bruce Montague & Partners, Bayside (Craig Ian Gardy of counsel), for respondent.
Kern, J.P., Gonza´lez, Scarpulla, Mendez, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered October 28, 2020, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant failed to establish prima facie that it did not create or have notice of the rolled-up carpet on which plaintiff claimed she fell. Although defendant's general manager testified to general cleaning and inspection procedures, he did not work on the day of the accident and could not testify that those procedures were followed that day. Defendant also failed to offer evidence indicating the last time the area was inspected or cleaned before plaintiff's fall (see Socorro v. New York Presbyt. Weill Cornell Med. Ctr., 160 A.D.3d 544, 74 N.Y.S.3d 547 [1st Dept. 2018] ; Cater v. Double Down Realty Corp., 101 A.D.3d 506, 954 N.Y.S.2d 877 [1st Dept. 2012] ).