MODZELEWSKA v. CITY OF NEW YORK


31 A.D.3d 314 (2006)

819 N.Y.S.2d 498

DANUTA MODZELEWSKA, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

July 20, 2006.


The motion court erred in granting summary judgment to defendants. Contrary to the court's assessment, defendants failed to establish as a matter of law that they had no notice of the claimed dangerous condition on the subway station stairs.

In support of their contention of a lack of notice, defendants initially relied on plaintiff's General Municipal Law § 50-h testimony that she had not seen the substance she tripped...

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