Slips and falls.

Practice point: Plaintiff alleged that she slipped and fell in a puddle on an exterior landing, and that two yellow caution cones had been placed against the wall, to her right and left, as she exited, but not in the area of the liquid condition. The presence of caution cones created a triable issue of fact as to prior actual notice of the condition, as defendants' witness admitted that they would place such caution cones to alert others to a slippery condition, and plaintiff denied that the cones were being used to prop open a door, as had been alleged by owner-defendants' witness.

Student note: While the hearsay portions of a witness affidavit submitted in opposition to a summary judgment motion, which referred to an unidentified person or persons having admitted prior notice of the condition, are inadmissible, the witness's first-hand account of giving defendants notice of the condition at least 45 minutes before the accident raises triable issues of fact as to prior actual and constructive notice.

Case: Rosado v. Phipps Houses Servs., Inc., NY Slip Op 02385 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Jurisdiction.