MELENDEZ v. ALLIANCE HOUS. ASSOC., L.P.

Index No. 25898/17E. Appeal No. 15000. Case No. 2021-02990.

201 A.D.3d 437 (2022)

156 N.Y.S.3d 736

2022 NY Slip Op 00047

Franchesca Melendez, Respondent, v. Alliance Housing Associates, L.P., et al., Appellants, et al., Defendants.

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

Decided January 6, 2022.


Attorney(s) appearing for the Case

Litchfield Cavo LLP, New York ( Patrick T. Steinbauer of counsel), for appellants.

Krieger, Wilansky & Hupart, Bronx ( Brett R. Hupart of counsel), for respondent.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.


Plaintiff's submissions raised triable issues of fact as to whether defendants had constructive notice of the visible dangerous condition. Plaintiff demonstrated, through her testimony and photographs, that the floor was deteriorating and that there were loose and broken tile pieces on the third-floor landing, months before the accident happened (see Hill v Lambert Houses Redevelopment Co., 105 A.D.3d 642, 642-643 [1st Dept 2013...

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