In Quintana v TCR, Tennis Club of Riverdale, Inc., a slip-and-call case decided June 5, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment.
The court held:
Defendant’s sole argument on this appeal is that it is entitled to summary judgment because plaintiff failed or is unable to identify the precise cause of her slip and fall on a step in the women’s locker room at defendant’s facility. Viewing the record in the light most favorable to plaintiff, defendant failed to satisfy its initial burden to establish entitlement to summary judgment on that ground. In any event, plaintiff raised triable issues of fact as to whether slipping on water caused her fall. Among other record evidence, when pressed by defendant’s counsel at her deposition, plaintiff expressly testified that she “slipped in water” on the step and saw water in the vicinity of the step after her fall, and in an affidavit stated that she had mentioned to defendant’s employees on several occasions prior to her accident that the locker room floor was slippery when wet.
Finally, the court held that defendant failed to establish a lack of constructive notice of the condition, nothing that their “moving papers contain no indication of when the area was last inspected prior to the accident.”