In Santiago v Weisheng Enters. LLC, the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury claim.
From the decision:
Defendants property owner and lessee-restaurant failed to establish their entitlement to judgment as a matter of law, in this action where plaintiff alleges that he was injured when he slipped and fell on a dark patch of ice on the sidewalk abutting defendants’ building. Deposition testimony offered by defendant property owner, the owner of the restaurant, and a manager of the restaurant as to the general snow clearing procedures followed by defendants, failed to reflect their personal knowledge as to the adequacy of the snow removal efforts, if any, actually undertaken prior to plaintiff’s fall, their knowledge of the condition of the sidewalk, or when the sidewalk had last been inspected.