VARGAS v. CENTRAL PARKING SYSTEM (2006)

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

Augustin Vasquez VARGAS, Plaintiff-Respondent, v. CENTRAL PARKING SYSTEM, Defendant-Appellant.

Decided: December 14, 2006

TOM, J.P., MARLOW, SULLIVAN, McGUIRE, MALONE, JJ.

Law Offices of Michael E. Pressman, New York (Eric S. Fenyes of counsel), for appellant. Law Offices of Kevin Concagh, P.C., New York (Kevin Concagh of counsel), for respondent.

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered February 24, 2006, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

There is an issue of fact as to whether the ice on which plaintiff allegedly slipped was a result of melting and refreezing of the runoff from the mountain of snow on the sidewalk adjacent to defendant's premises, created by its employees three days earlier (see Santiago v. New York City Hous. Auth., 274 A.D.2d 335, 712 N.Y.S.2d 93 [2000] ). In view of plaintiff's theory that defendant's snow removal methods created the alleged dangerous condition, defendant's contention that plaintiff failed to raise a triable issue of fact as to notice is without merit (Suh v. Fleet Bank, N.A., 16 A.D.3d 276, 793 N.Y.S.2d 9 [2005] ).

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