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GARTENBERG v. SUPREME CO. I LLC

Index No. 154159/17. Appeal No. 12635. Case No. 2020-01727.

189 A.D.3d 540 (2020)

133 N.Y.S.3d 820

2020 NY Slip Op 07496

Gary Gartenberg, Respondent-Appellant, v. Supreme Company I LLC et al., Defendants, and Driton LLC, Appellant-Respondent.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( John M. Badagliacca of counsel), for appellant-respondent.

Norman A. Olch , New York, for respondent-appellant.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

Plaintiff was injured when he slipped and fell in the men's bathroom of a restaurant operated by Driton. The conflicting testimony by plaintiff that when he fell on the bathroom floor he noticed moisture, and a restaurant employee's testimony that when he found plaintiff on the floor he did not observe any moisture, raise credibility issues to be determined at trial (see Rawls v Simon, 157 A.D.3d 418, 419 [1st Dept 2018]).

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