Maria v. Concourse Estate, LLC

Summary

The Appellate Division, First Department, unanimously affirmed the denial of Concourse Estate, LLC's motion for summary judgment in a premises-liability action arising from Carlos Maria's slip-and-fall on a hallway floor. The court held that the defendant failed to establish prima facie that its contractor did not create the slippery condition or that it lacked constructive notice of the condition.

Holdings

1. The defendant failed to establish prima facie that its nonparty contractor did not cause or create the alleged slippery condition.
2. The defendant failed to establish prima facie that it lacked constructive notice of the alleged slippery condition.
3. The plaintiff's failure to notice the slippery condition before the accident did not establish that the defendant lacked notice.
4. The defendant could not satisfy its summary-judgment burden merely by identifying perceived gaps in the plaintiff's evidence.

Questions Presented

1. Whether Concourse Estate, LLC established prima facie that its nonparty contractor did not cause or create the alleged slippery condition.
2. Whether Concourse Estate, LLC established prima facie that it lacked actual or constructive notice of the alleged dangerous condition.
3. Whether the plaintiff's failure to see the condition before falling established the defendant's lack of notice.
4. Whether the defendant was entitled to summary judgment based on perceived gaps in the plaintiff's evidence.

Disposition

affirmed