DIAZ v. WEST 197TH STREET REALTY CORP.


269 A.D.2d 327 (2000)

703 N.Y.S.2d 917

ANN M. DIAZ, Respondent, v. WEST 197TH STREET REALTY CORP., Appellant.

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

Decided February 29, 2000.


In light of the deposition testimony indicating that defendant's superintendent may have had actual notice of the spill of liquid detergent on the lobby floor of defendant's building as much as half-an-hour prior to plaintiff's accident, and in light of the deponents' descriptions of that spill, the IAS Court properly found triable issues with respect to whether defendant had either actual or constructive notice of the hazard, as well as whether, if defendant did have notice...

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