Perez v. Abbey Associates Corp.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered July 7, 2011, denying defendants’ motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff testified at her deposition that she slipped and fell on rainwater on an outdoor staircase leading to the basement garbage disposal area. She stated that she did not see any dangerous or unsafe conditions on the steps, other than the rainwater. Defendants made a prima facie showing that it was raining until…