Molinari v. 167 Housing Corp.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered June 21, 2012, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied in this action where plaintiff was allegedly caused to fall by a raised sidewalk flag outside defendants’ building, since triable issues exist as to whether defendants had constructive notice of the raised flag (see George v New York City Tr. Auth., 41 AD3d 143 [1st Dept 2007]; Obie v Catsimatidis, 10 AD3d 569 [1st Dept 2004]). Plaintiff testified as to the…