GROVER v. 291 MARION REALTY CO.

3980.

150 A.D.3d 477 (2017)

2017 NY Slip Op 03865

51 N.Y.S.3d 881

STEVEN GROVER, Respondent, v. 291 MARION REALTY CO. et al., Appellants.

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

Decided May 11, 2017.


Plaintiff testified that following his fall, his shorts were wet; there was a mop bucket at the bottom of the stairs; and a mop was being used to prop open a door. His neighbor, who was with him at the time of the fall, offered similar, consistent testimony and added that the second-floor landing was wet at the time of the fall. Under the circumstances presented, the motion court properly concluded that triable issues of fact exist as to whether defendants created or had...

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