IRIZARRY v. 1915 REALTY LLC

16525, 301668/13

135 A.D.3d 411 (2016)

22 N.Y.S.3d 418

2016 NY Slip Op 00009

JASMIN IRIZARRY, Appellant, v. 1915 REALTY LLC, Respondent.

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

Decided January 5, 2016.


Triable issues of fact regarding whether defendant caused or created the wet stair condition on which plaintiff allegedly slipped and fell precludes the grant of summary judgment. Although defendant's superintendent denied mopping the stairs on the morning of plaintiff's accident, as it would have been inconsistent with his established cleaning routine and schedule, plaintiff's testimony that mopping was performed by different persons, at different times, on random days,...

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