Opinion
Submitted March 2, 2000.
April 3, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated April 21, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Richard V. Licata, New York, N.Y., for appellant.
Robert A. Pierce Associates, White Plains, N.Y. (John J. McKenna of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The evidence presented by the plaintiff, after the defendant made out a prima facie case for summary judgment , raised triable issues of fact as to whether the defendant had actual or constructive notice of the inadequate lighting condition alleged by the plaintiff and whether that condition was a proximate cause of her injuries (see, Zuckerman v. City of New York, 49 N.Y.2d 557 ;Quinlan v. Cecchini, 41 N.Y.2d 686 ; Nunez v. Recreation Rooms Settlement, Inc., 229 A.D.2d 359 ).