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COLLADO v. RIVERSIDE PARK MANAGEMENT

4671, 117757/05.

86 A.D.3d 401 (2011)

926 N.Y.S.2d 287

2011 NY Slip Op 5852

EMELINA COLLADO, Respondent, v. RIVERSIDE PARK MANAGEMENT et al., Appellants, et al., Defendants.

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

Decided July 7, 2011.

Viewing the evidence in the light most favorable to plaintiff, and drawing all reasonable inferences in her favor, we conclude that the motion court properly determined that an issue of fact exists whether defendants had notice of an ongoing and recurring dangerous condition in the area of the accident that they routinely left unaddressed (see Talavera v New York City Tr. Auth., 41 A.D.3d 135 [2007]).

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