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SANTIAGO v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

1137, 116940/04.

66 A.D.3d 435 (2009)

886 N.Y.S.2d 687

2009 NY Slip Op 7197

BOBBY SANTIAGO, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent, et al., Defendant.

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

Decided October 8, 2009.

Defendant failed to establish prima facie that it did not have constructive notice of the ice on the sidewalk in front of its property on which plaintiff allegedly slipped (see Lewis v Metropolitan Transp. Auth., 99 A.D.2d 246, 249 [1984], affd 64 N.Y.2d 670 [1984]). The climatological records submitted by defendant reflected that the last measurable snowfall occurred several days before...

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