Opinion
2014-06-17
Ivonne TORRES, Plaintiff–Appellant, v. The NEW YORK CITY HOUSING AUTHORITY, Defendant–Respondent.
Melcer Newman PLLC, New York (Jeffrey B. Melcer of counsel), for appellant. Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Christine Gasser of counsel), for respondent.
Melcer Newman PLLC, New York (Jeffrey B. Melcer of counsel), for appellant. Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Christine Gasser of counsel), for respondent.
MAZZARELLI, J.P., FRIEDMAN, SAXE, FEINMAN, JJ.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 5, 2013, which granted defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff alleges that she slipped on a greasy liquid leaking from garbage bags placed on the public sidewalk by defendant's workers. Pursuant to Administrative Code of the City of New York § 7–210(b), the owner of property abutting a public sidewalk has a duty to maintain the sidewalk in a reasonably safe condition and is liable for failure to do so ( see Early v. Hilton Hotels Corp., 73 A.D.3d 559, 904 N.Y.S.2d 367 [1st Dept.2010] ).
Plaintiff's testimony that she saw defendant's workers placing garbage bags on the sidewalk in the morning raises issues of fact as to whether defendant is responsible for creating the alleged slippery condition ( see Yuk Ping Cheng Chan v. Young T. Lee & Son Realty Corp., 110 A.D.3d 637, 973 N.Y.S.2d 642 [1st Dept.2013]; Klein v. Sujin Food Corp., 30 A.D.3d 331, 818 N.Y.S.2d 66 [1st Dept.2006] ).