Scahill Law Group P.C. | New York Trial Attorneys

Gomez v. David Minkin Residence Housing Development Fund Co., 85 A.D.3d 1112 (2d Dept 2011)

Defendant’s summary judgment motion was denied in this action for slip and fall personal injuries.  Defendant appealed, and plaintiff cross appealed.  The Appellate Division reversed, and dismissed the complaint.

Defendant must establish that it did not create the condition that allegedly caused the fall or have actual or constructive notice for a sufficient time to learn of and fix it. The Appellate Division found defendant proved same.  Although plaintiff presented evidence that the stairway violated multiple sections of the Administrative Code of the City of New York, plaintiff failed to raise an issue of fact as to whether those violations contributed to his fall.  The mere fact that the stairway was wet from rain, is insufficient to establish a dangerous condition.

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