Summary
This Appellate Division decision reverses a lower court order granting summary judgment in favor of the New York City Housing Authority in a personal injury slip-and-fall action. The court held that the defendant failed to meet its prima facie burden to demonstrate a lack of constructive notice of the hazardous condition on the stairwell. Because the record lacked specific evidence of cleaning or inspection relative to the time of the accident, general cleaning practices were insufficient to justify dismissal. The matter was remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the defendant had constructive notice of the hazardous condition sufficient to defeat summary judgment
- Whether the defendant met its prima facie burden on summary judgment in a slip‑and‑fall case
Holdings
- The defendant failed to establish a prima facie lack of constructive notice and therefore summary judgment was improper.
Key quotations
“In a slip‑and‑fall case, a defendant property owner moving for summary judgment has the burden of making a prima facie showing that it neither (1) affirmatively created the hazardous condition nor (2) had actual or constructive notice of the condition and a reasonable time to correct or warn about its existence.” (at 1)
“Reference to general cleaning practices is insufficient to establish a lack of constructive notice in the absence of evidence regarding specific cleaning or inspection of the area in question.” (at 1)
Factual background
In April 2021 a New York City police officer was patrolling the defendant's residential complex when he slipped and fell on foreign substances while descending an interior staircase. The officer sued the New York City Housing Authority for personal injuries.
Procedural history
The plaintiff filed a personal injury action after a slip‑and‑fall in the defendant's residential complex. The defendant moved for summary judgment. The Supreme Court, Kings County denied the motion and entered an order on September 29, 2023 granting summary judgment. The plaintiff appealed.