Opinion
No. 1321 Index No. 156096/17 Case No. 2023-01582
12-28-2023
Jason Vulej, Plaintiff-Respondent, v. Richard Meilman et al., Defendants-Appellants.
Mauro Lilling Naparty LLP, Woodbury (Jessica L. Smith of counsel), for appellants. Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Mauro Lilling Naparty LLP, Woodbury (Jessica L. Smith of counsel), for appellants.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Webber, Friedman, Shulman, Rosado, JJ.
Order, Supreme Court, New York County (William F. Perry, J.), entered October 7, 2022, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff was injured after he slipped and fell on ice on defendants' driveway. As the motion court found, since defendants failed to indicate when the driveway had last been inspected or cleaned of ice, they failed to establish their entitlement to judgment as a matter of law (see Singh v Citibank, N.A., 136 A.D.3d 521 [1st Dept 2016]). Defendants also failed to eliminate issues of fact as to whether the ice on the driveway had been there long enough for them to discover and remedy the situation (see e.g Thomas v New York City Hous. Auth., 165 A.D.3d 471, 472 [1st Dept 2018]; Mike v 91 Payson Owners Corp., 114 A.D.3d 420 [1st Dept 2014]; Bojovic v Lydig Bejing Kitchen, Inc., 91 A.D.3d 517, 517 [1st Dept 2012]).
We have considered defendants' remaining contentions and find them unavailing.