Rodriguez v. New York City Hous. Auth.

Summary

The Appellate Division, First Department, reversed the denial of the New York City Housing Authority's motion for summary judgment in a premises-liability action involving a cardboard box near a walkway. The court held that the Authority established lack of notice and a reasonable cleaning routine, and that the plaintiff failed to show the routine was manifestly unreasonable or that the Authority had notice of the specific hazard.

Holdings

1. Defendant was entitled to summary judgment because it established that it lacked notice of the cardboard box before plaintiff's accident, and plaintiff failed to raise a triable issue of fact.
2. Defendant's twice-daily cleaning schedule was not shown to be manifestly unreasonable, and defendant was not required to patrol the area continuously.

Questions Presented

1. Whether defendant was entitled to summary judgment because it lacked actual or constructive notice of the cardboard box that allegedly caused plaintiff's fall.
2. Whether defendant's twice-daily cleaning routine was reasonable or manifestly unreasonable under the circumstances.

Disposition

reversed