Water Diversion Pipe Cited in Summary Judgment Denial in Slip/Trip and Fall Case

In Shatsky v. Highpoint Assoc. V, LLC, 2019 NY Slip Op 01825 (App. Div. 1st Dept. March 14, 2019) – a slip/trip-and-fall premises liability personal injury case – the court unanimously affirmed the lower court’s order denying defendant’s motion for summary judgment.

From the decision:

Triable issues of fact regarding whether defendant Bagels and More created a slipping hazard allegedly responsible for plaintiff’s accident by diverting condensation from its air conditioning unit down the side of the door with a plastic tube, such that water streamed down the tube onto the sidewalk and onto the warning tile (see Gary v 101 Owners Corp., 89 AD3d 627 [1st Dept 2011]), combined with photographs, video, deposition testimony, and expert affidavits that provide conflicting evidence as to whether the other defendants had notice of the hazardous condition, preclude the granting of summary judgment[.]