Jackson v. A M E Zion-Trinity Hous. Dev. Fund Co., Inc.

Summary

The Appellate Division, Second Department, reversed the judgment insofar as it dismissed the plaintiff's claim alleging that defendants had constructive notice of an icy condition in a parking lot. The court held that defendants failed to establish prima facie that they lacked constructive notice because their maintenance employee provided only general information about snow and ice removal practices and did not identify when the area was last inspected or treated.

Holdings

1. The appeal from the order had to be dismissed because the right of direct appeal from the order terminated upon entry of the judgment, but the issues raised by that appeal were reviewable on the appeal from the judgment.
2. Defendants were not entitled to summary judgment because they failed to establish prima facie that they lacked constructive notice of the alleged icy condition.

Questions Presented

1. Whether the appeal from the September 8, 2022 order had to be dismissed after entry of the December 12, 2023 judgment.
2. Whether defendants established prima facie that they lacked constructive notice of the alleged icy condition, thereby entitling them to summary judgment on the constructive-notice claim.

Disposition

reversed_and_remanded