Garcia v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about September 15, 1998, granting the motion of defendant Woolco Realty Corporation for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

The IAS Court erred in finding that there was no proof of either actual or constructive notice. The evidence submitted by plaintiff raised a triable issue of fact as to whether the alleged defect in the stairway was visible and apparent and had existed for a sufficient length of time prior to…