SPINNER v. 1725 YORK OWNERS CORP (2008)

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

Charles SPINNER, et al., Plaintiffs-Respondents, v. 1725 YORK OWNERS CORP., et al., Defendants-Appellants.

Decided: November 18, 2008

SAXE, J.P., NARDELLI, MOSKOWITZ, RENWICK, FREEDMAN, JJ.

Fabiani Cohen & Hall, LLP, New York (Lisa A. Sokoloff of counsel), for appellants. Ginsberg & Broome, P.C., New York (Alvin H. Broome of counsel), for respondents.

Order, Supreme Court, New York County (Debra A. James, J.), entered April 22, 2008, which, to the extent appealed from, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The evidence that rain had been falling for an hour and a half before plaintiff slipped and fell and that persons entering the building were carrying, and sometimes closing, umbrellas in view of the doormen for at least 40 minutes raises a triable issue whether defendants had actual or constructive notice of a dangerously wet and slippery condition in the lobby of their building (see Fortgang v. Chase Manhattan Bank, 23 N.Y.2d 895, 298 N.Y.S.2d 92, 245 N.E.2d 818 [1969]; Hewett v. Conway Stores, 266 A.D.2d 137, 699 N.Y.S.2d 25 [1999] ).

We have considered defendants' remaining contention and find it unavailing.

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