VELEZ v. NEW YORK CITY HOUSING AUTHORITY

6457, 106352/08

91 A.D.3d 422 (2012)

936 N.Y.S.2d 28

2012 NY Slip Op 15

DANNY VELEZ, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided January 3, 2012.


Defendant failed to establish its entitlement to judgment as a matter of law as there are questions regarding whether defendant created the condition upon which plaintiff slipped. Although there was no direct evidence that defendant's custodian mopped the stairs shortly before the accident and the custodian did not recall whether he mopped the stairs on the day of the accident, plaintiff and his uncle testified that the wet substance in the area where plaintiff slipped appeared...

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