Velez v. Central Parking Sys. of N.Y., Inc.

Summary

The Appellate Division, First Department, unanimously affirmed an order denying defendants’ motion for summary judgment in a personal injury action arising from plaintiff’s slip and fall on liquid in an indoor parking garage. The court held that evidence concerning recurring water, prior complaints, inspection notes, and photographs raised an issue of fact as to whether defendants had constructive notice of the condition and failed to remediate it.

Holdings

1. Defendants were not entitled to summary judgment because plaintiff's opposing evidence raised an issue of fact regarding whether a recurring water condition existed at the accident site and whether defendants had constructive notice of it but failed to remediate it.

Questions Presented

1. Whether defendants were entitled to summary judgment on the ground that they lacked actual or constructive notice of the liquid condition.
2. Whether plaintiff's evidence raised a triable issue of fact as to a recurring water condition that defendants had constructive notice of and failed to remediate.

Disposition

affirmed