Lempert v Steinberg & Pokoik Mgt. Corp.

Lempert v Steinberg & Pokoik Mgt. Corp. 2006 NY Slip Op 09664 [7 NY3d 917] December 21, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 7, 2007

[*1] Cathy Lempert, Appellant,
v
Steinberg & Pokoik Management Corp. et al., Respondents.

Decided December 21, 2006

Lempert v Steinberg & Pokoik Mgt. Corp., 32 AD3d 215, reversed.

APPEARANCES OF COUNSEL

Friedman & James LLP, New York City (John P. James of counsel), for appellant.

Herzfeld & Rubin, P.C., New York City (Linda M. Brown of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and defendants' motion for summary judgment denied. Questions of fact exist concerning whether a slippery substance on the floor caused plaintiff's injuries and, if so, whether defendants' negligence created the condition.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo and Pigott. Judges Rosenblatt, Read and Smith dissent and vote to affirm for the reasons stated in the memorandum by the Appellate Division (32 AD3d 215 [2006]). [*2]