ROCKOWITZ v. CITY OF NEW YORK


255 A.D.2d 434 (1998)

680 N.Y.S.2d 864

Lilly Rockowitz et al., Respondents, v. City of New York, Defendant, and New York City Transit Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 16, 1998


Ordered that the order is affirmed, with costs.

The plaintiff Lilly Rockowitz was allegedly injured when she slipped and fell on a rotten peach skin in a subway car.

Viewing the evidence in the light most favorable to the plaintiffs (see, Negri v Stop & Shop, 65 N.Y.2d 625), we find that they have submitted evidence sufficient to raise an issue of fact as to whether the appellant had constructive notice...

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