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CRUZ v. APEX INVESTIGATION & SECURITY COMPANY, INC.

285 A.D.2d 427 (2001)

728 N.Y.S.2d 154

GLADYS CRUZ et al., Appellants, v. APEX INVESTIGATION & SECURITY COMPANY, INC., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided July 26, 2001.

Plaintiff slipped and fell on an oily substance on the sidewalk abutting the property next door to defendant Apex. Plaintiff alleged that Apex created the hazardous condition. Apex moved for summary judgment, arguing that it would require speculation to conclude that it had created the oily mess. To withstand summary judgment, plaintiff was required to raise a triable issue of fact as to whether Apex created the oily sidewalk hazard...

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