Moser v BP/CG Ctr. I, LLC

2008 NY Slip Op 08982 [56 AD3d 323]

November 18, 2008

Appellate Division, First Department

As corrected through Wednesday, January 7, 2009

Christine Moser, Appellant, v BP/CG Center I, LLC, et al.,Respondents.

—[*1]White & McSpedon, P.C., New York (Tracey Lyn Jarzombek of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York (Steven B. Prystowsky of counsel), forrespondents.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 30, 2007,which granted defendants' motion for summary judgment dismissing the complaint, unanimouslyreversed, on the law, without costs, the motion denied and the complaint reinstated.

The evidence submitted by defendants was insufficient to establish prima facie that theylacked constructive notice of the alleged water hazard. Defendants failed to offer specificevidence as to their activities on the day of the accident, including evidence indicating the lasttime the staircase was inspected or maintained before plaintiff fell (compare Baptiste v 1626 Meat Corp.,45 AD3d 259 [2007], with Smith vCostco Wholesale Corp., 50 AD3d 499, 500-501 [2008]). Concur—Saxe, J.P.,Nardelli, Moskowitz, Renwick and Freedman, JJ.