SPINNER v. 1725 YORK OWNERS CORP.


56 A.D.3d 324 (2008)

CHARLES SPINNER et al., Respondents, v. 1725 YORK OWNERS CORP. et al., Appellants.

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

November 18, 2008.


The evidence that rain had been falling for an hour and a half before plaintiff slipped and fell and that persons entering the building were carrying, and sometimes closing, umbrellas in view of the doormen for at least 40 minutes raises a triable issue whether defendants had actual or constructive notice of a dangerously wet and slippery condition in the lobby of their building (see Fortgang v Chase Manhattan. Bank, 23 N.Y.2d 895

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