General
Carlos Velez, Respondent, v. 2420 Davidson et al., Appellants
144 A.D.3d 49340 N.Y.S.3d 759·New York Supreme Court, Appellate Division·2016·NY
Concur— Renwick, J.P., Moskowitz, Kapnick, Kahn and Gesmer, JJ.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Carlos Velez, Respondent, v 2420 Davidson et al., Appellants.
[40 NYS3d 759]
[MAJORITY]
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 19, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The court properly found that triable issues of fact exist as to whether defendants created the dangerous condition of ice, on which plaintiff slipped and fell, or had actual or constructive notice of it (see generally Rodriguez v 705-7 E. 179th St. Hous. Dev. Fund Corp., 79 AD3d 518 [1st Dept 2010]).
Concur— Renwick, J.P., Moskowitz, Kapnick, Kahn and Gesmer, JJ.