Ice Cream Slip/Fall Case Survives Summary Judgment

In Cruz v. Perspolis Realty LLC, 2019 NY Slip Op 01531 (App. Div. 1st Dept. March 5, 2019) – a slip-and-fall case – the court reversed the lower court’s order granting summary judgment to defendants.

The court explained:

Triable issues of fact exist in this action where plaintiff was injured when, while descending the interior steps of defendants’ building, she slipped on melted ice cream that was present on the steps. Although defendants’ superintendent testified that he complied with his regular maintenance routine on the day of the accident and never observed the cup of ice cream on the stairs, plaintiff testified that she observed the cup of ice cream in an upright position approximately three hours before her fall when she had returned home from work. Such conflicting testimony, along with a photograph showing a tipped over cup of melted ice cream taken moments after plaintiff’s fall, creates a triable issue as to whether defendants had constructive notice of the condition[.]