Penn v. 57-63 Wadsworth Terrace Holding, LLC

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered August 2, 2012, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants, owners and property manager, failed to establish their entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped and fell on ice in the courtyard of the building in which she lived. The record presents triable issues of fact as to whether the icy condition that caused plaintiff’s fall existed prior to the storm, and whether defendants…