Legal Opinion

Charles Spinner v. 1725 York Owners Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 2008Published

1Opinion of the Court

— Order, Supreme Court, New York County (Debra A. James, J.), entered April 22, 2008, which, to the extent appealed from, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The evidence that rain had been falling for an hour and a half before plaintiff slipped and fell and that persons entering the building were carrying, and sometimes closing, umbrellas in view of the doormen for at least 40 minutes raises a triable issue whether defendants had actual or constructive notice of a dangerously wet and slippery condition in the lobby of…

2Cases cited2 opinions

  1. Fortgang v. Chase Manhattan BankNew York Court of Appeals · 1969
  2. Hewett v. Conway Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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