| Cater v Double Down Realty Corp. |
| 2012 NY Slip Op 08647 [101 AD3d 506] |
| December 13, 2012 |
| Appellate Division, First Department |
| April Cater, Appellant, v Double Down Realty Corp. et al.,Respondents. |
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Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Joel M. Simon ofcounsel), for respondents.
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 19, 2011, whichgranted defendants' motion for summary judgment dismissing the complaint, unanimouslyreversed, on the law, without costs, and the motion denied.
Defendants failed to establish their entitlement to judgment as a matter of law, in this actionwhere plaintiff slipped and fell as she descended the interior stairs of defendants' building. Theevidence submitted by defendants was insufficient to show that they lacked constructive notice ofthe alleged wet condition of the stairs. Defendants failed to offer specific evidence as to theiractivities on the day of the accident, including evidence indicating the last time the staircase wasinspected, cleaned, or maintained before plaintiff's fall (see Moser v BP/CG Ctr. I, LLC, 56 AD3d 323 [1st Dept 2008]).Concur—Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.