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ALMONTE v. EDGECOMBE PROPS. LTD. LIAB. CO.

Index Nos. 152586/17, 595881/17. Appeal No. 13874. Case No. 2020-04410.

194 A.D.3d 562 (2021)

144 N.Y.S.3d 351

2021 NY Slip Op 03245

Angela Almonte, Respondent, v. Edgecombe Properties Limited Liability Company et al., Respondents, and 535 Phase Construction, Inc., Defendant/Third-Party Defendant-Appellant. Edgecombe Properties Limited Liability Company et al., Third-Party Plaintiffs-Respondents.

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

Decided May 20, 2021.

Attorney(s) appearing for the Case

Farber Brocks & Zane L.L.P., Garden City ( Lester Chanin of counsel), for appellant.

Trolman Glaser Corley & Lichtman, P.C., New York ( Morgan A. Corley of counsel), for Angela Almonte, respondent.

Concur—Acosta, P.J., Webber, Kennedy, Shulman, JJ.

The motion court properly denied summary judgment to 535 Phase Construction Inc. (Phase) because plaintiff adduced sufficient evidence to raise issues of fact as to whether sawdust caused her slip-and-fall accident (see Healy v ARP Cable, 299 A.D.2d 152, 154-155 [1st Dept 2002]; see e.g. Rodriguez v Leggett Holdings, LLC, 96 A.D.3d 555, 556 [1st Dept 2012]; Babich

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