Practice point: Summary judgment was denied in this action where plaintiff alleges that he slipped and fell on a wet substance that was
on the stairway of defendant's apartment building. Defendant moved for
summary judgment on the ground that it did not create or have actual or
constructive notice of the hazard. In support of the motion, defendant
submitted the deposition testimony of its superintendent about the
building's regular janitorial schedule. However, it offered no evidence
that the schedule was followed on the day of the accident. Moreover, constructive notice remains an
issue in this case because defendant made no showing as to when the
stairway was last inspected before plaintiff's accident.
Student note: Standing alone, proof that stairs were routinely cleaned on a daily
basis is not germane to the dispositive issue of lack of notice of an
alleged defective condition.
Case: Gautier v. 941 Intervale Realty LLC, NY Slip Op 05432 (1st Dept. 2013).
Here is the decision.
Monday's issue: Stipulations of settlement.
