| Aviles v 2333 1st Corp. |
| 2009 NY Slip Op 07191 [66 AD3d 432] |
| October 8, 2009 |
| Appellate Division, First Department |
| David Aviles, Respondent, v 2333 1st Corp.,Appellant. |
—[*1] Gugliotta & Associates, New Rochelle (John C. Gugliotta of counsel), forrespondent.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered March 10, 2009, whichdenied defendant's motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Plaintiff does not contend that defendant created the alleged water hazard on the building'sinterior stairs that allegedly caused him to slip and fall, and defendant does not contest theexistence of the hazard. Defendant's evidence established that it did not have actual notice of thehazard (see Campanella v Marstan Pizza Corp., 280 AD2d 418, 418 [2001]).Furthermore, defendant described its usual cleaning procedures regarding the stairs, but did notindicate that such procedures were followed on the day of the accident. Defendant failed to showthe last time the stairs were inspected before plaintiff fell, and thus there is a question of fact onwhether defendant had constructive notice of the complained of condition (see Moser v BP/CG Ctr. I, LLC, 56AD3d 323, 324 [2008], citing, inter alia, Baptiste v 1626 Meat Corp., 45 AD3d 259 [2007]).Concur—Mazzarelli, J.P., Friedman, Catterson, Renwick and Abdus-Salaam, JJ.