Cater v Double Down Realty Corp.

Cater v Double Down Realty Corp. 2012 NY Slip Op 08647 Decided on December 13, 2012 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 13, 2012
Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ.
8793 302022/09

[*1]April Cater, Plaintiff-Appellant,

v

Double Down Realty Corp., et al., Defendants-Respondents.




Bader Yakaitis & Nonnenmacher, LLP, New York (Robert E.
Burke of counsel), for appellant.
Smith Mazure Director Wilkins Young & Yagerman, P.C.,
New York (Joel M. Simon of counsel), for respondents.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 19, 2011, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff slipped and fell as she descended the interior stairs of defendants' building. The evidence submitted by defendants was insufficient to show that they lacked constructive notice of the alleged wet condition of the stairs. Defendants failed to offer specific evidence as to their activities on the day of the accident, including evidence indicating the last time the staircase was inspected, cleaned, or maintained before plaintiff's fall (see Moser v BP/CG Ctr. I, LLC, 56 AD3d 323 [1st Dept 2008]).

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

ENTERED: DECEMBER 13, 2012

CLERK