In Hobbs v. New York City Hous. Auth., 2019 NY Slip Op 00686 (App. Div. 1st Dept. Jan. 31, 2019) – a personal injury slip-and-fall case – the court unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment.
In this case, plaintiff alleges that they slipped on urine in an elevator in one of defendant’s buildings. Defendant moved for summary judgment, claiming lack of actual or constructive knowledge of the hazardous condition.
The First Department held:
Defendant submitted evidence that custodians were expected to inspect and clean the two elevators in the building twice daily, and that they had “often” responded to reports of urine in the elevators, which they mopped up, but did not record having cleaned. However, defendant presented no evidence at to when the elevator in which plaintiff fell was last inspected or cleaned prior to plaintiff’s fall, as required to meet its burden on this motion[.]
In reaching this conclusion, the court cited its decision in Gautier v. 941 Intervale Realty LLC, 108 AD3d 481, 481 [1st Dept 2013].