PENHASKASHI v. EQR-EAST 27TH STREET APARTMENTS, LLC

6765, 151965/15.

162 A.D.3d 413 (2018)

74 N.Y.S.3d 741

2018 NY Slip Op 03936

Michelle Penhaskashi, Respondent, v. EQR-East 27th Street Apartments, LLC, et al., Appellants, et al., Defendants.

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

Decided June 5, 2018.


Triable issues of fact exist as to whether defendants were negligent in the removal of ice from the sidewalk adjacent to the premises, creating the alleged dangerous condition (see Vargas v Central Parking Sys., 35 A.D.3d 255 [1st Dept 2006]). Contrary to defendants' contention that they were entitled to summary judgment because plaintiff could not identify the cause of her fall, plaintiff clearly testified that she fell on a slippery...

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