FRAGALE v. CITY OF NEW YORK

Nos. 5671, 23717/04

88 A.D.3d 488 (2011)

931 N.Y.S.2d 13

2011 NY Slip Op 7138

PIETRO FRAGALE et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided October 11, 2011.


Supreme Court erred in finding that there were no issues of fact as to constructive notice of the alleged oil condition on the garage floor where plaintiff fell. The testimony and statements of defendant's employees raised an issue of fact as to whether there was an ongoing and recurring dangerous oil condition in the area of the accident that defendant routinely left unaddressed (see Zisa v City of New York, 39 A.D.3d 313, 314 ...

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