Gautier v. 941 Intervale Realty LLC

Andrias, J.P., and Saxe, J.

dissent in a memorandum by Andrias, J.E, as follows: Because I believe that defendant established its entitlement to summary judgment, and that plaintiff has not raised a triable issue of fact, I respectfully dissent.

Plaintiff alleges that he slipped and fell on a partially dried and sticky puddle of urine that spanned several steps in the interior stairwell of defendant’s building. Plaintiff did not see the urine on the steps before he slipped.

Defendant made a prima facie showing of its entitlement to judgment as a matter of law with evidence that it neither…