Modzelewska v. City of New York

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered May 18, 2005, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

The motion court erred in granting summary judgment to defendants. Contrary to the court’s assessment, defendants failed to establish as a matter of law that they had no notice of the claimed dangerous condition on the subway station stairs.

In support of their contention of a lack of notice, defendants initially relied on plaintiff’s…