Penn v 57-63 Wadsworth Terrace Holding, LLC

Penn v 57-63 Wadsworth Terrace Holding, LLC 2013 NY Slip Op 08029 Decided on December 3, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 3, 2013
Andrias, J.P., Acosta, Moskowitz, Richter, Manzanet-Daniels, JJ.
11235 103708/10

[*1]Lucrecia Penn, Plaintiff-Respondent,

v

57-63 Wadsworth Terrace Holding, LLC, et al., Defendants-Appellants.




Havkins Rosenfeld Ritzert & Varriale, LLP, New York (Tara
C. Fappiano of counsel), for appellants.
Paris & Chaikin, PLLC, New York (Jason L. Paris of counsel),
for respondent.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered August 2, 2012, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants, owners and property manager, failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff was injured when she slipped and fell on ice in the courtyard of the building in which she lived. The record presents triable issues of fact as to whether the icy condition that caused plaintiff's fall existed prior to the storm, and whether defendants lacked notice of the preexisting condition (see Bojovic v Lydig Bejing Kitchen, Inc., 91 AD3d 517 [1st Dept 2012]). Nor is Administrative Code of City of NY § 16-123 availing to defendants' position because it does not appear that the accident occurred on a public sidewalk (see Vosper v Fives 160th, LLC, AD3d , 2013 NY Slip Op 06815 [1st Dept 2013]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 3, 2013

CLERK