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VANTERPOOL v. CROTONA TERRACE APARTMENTS, L.P.

9877, 304839/15.

175 A.D.3d 1195 (2019)

106 N.Y.S.3d 861

2019 NY Slip Op 06715

Lamar Vanterpool, Appellant, v. Crotona Terrace Apartments, L.P., et al., Respondents.

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

September 24, 2019.

Attorney(s) appearing for the Case

Monier Law Firm, PLLC, New York ( Philip Monier, III of counsel), for appellant.

Havkins Rosenfeld Ritzert & Varriale, LLP, White Plains ( Jonathan W. Greisman of counsel), for respondents.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

Defendants failed to satisfy their prima facie burden on constructive notice by showing that they followed their prescribed cleaning schedule for the stairwell owned and managed by them, on which plaintiff fell (see Mendoza v Fordham-Bedford Hous. Corp., 139 A.D.3d 578 [1st Dept 2016]). Plaintiff first observed urine on the building's staircase at approximately 8 p.m., and he slipped on the same hazardous puddle about midnight the...

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