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BRAENDGAARD v. KSSNY INC.

154473/17. Appeal No. 14410. Case No. 2020-03735.

198 A.D.3d 508 (2021)

152 N.Y.S.3d 800

2021 NY Slip Op 05665

Nete Braendgaard, Respondent, v. KSSNY Inc. et al., Appellants.

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

Decided October 19, 2021.

Attorney(s) appearing for the Case

Cartafalsa, Turpin & Lenoff, New York ( Anthony Orcel of counsel), for appellants.

Porzio, Bromberg & Newman, P.C., New York ( William A. Krais of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.

Defendants failed to establish prima facie that there are no triable issues of fact regarding whether they had constructive notice of a wet floor in the lobby of their hotel due to tracked-in snow or water (see generally Ross v Betty G. Reader Revocable Trust, 86 A.D.3d 419, 420-421 [1st Dept 2011]). Their submissions fail to show that there were no accumulations of snow or water outside the hotel that could be tracked into the lobby...

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