ROSADO v. PHIPPS HOUSES SERVICES, INC.

7207, 305487/08.

93 A.D.3d 597 (2012)

940 N.Y.S.2d 866

2012 NY Slip Op 2385

JESSICA ROSADO, Respondent, v. PHIPPS HOUSES SERVICES, INC., et al., Appellants.

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

Decided March 29, 2012.


Plaintiff alleges that she slipped and fell in a puddle located on an exterior landing of premises owned, managed and/or operated by defendants, and that two yellow caution cones had been placed against the wall, to her right and left, as she exited, but not in the area of the liquid condition. The presence of caution cones here created a triable issue of fact as to prior actual notice of the condition, as defendants' witness admitted that they would place such caution cones...

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