DAVIS v. BROOKFIELD PROPERTIES MANAGEMENT LLC (2023)

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

Theodore DAVIS, Plaintiff–Respondent, v. BROOKFIELD PROPERTIES MANAGEMENT, LLC, et al., Defendants–Appellants.

837 Decided: October 19, 2023

Manzanet–Daniels, J.P., Kern, Scarpulla, Mendez, O'Neill Levy, JJ.

Goetz Schenker Blee & Wiederhorn, LLP, New York (Lisa De Lindsay of counsel), for appellants. Mitchell Dranow, Sea Cliff, for respondent.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about May 17, 2022, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court correctly determined that defendants did not demonstrate, as a matter of law, that they did not create and/or did not have actual or constructive notice of the alleged dangerous condition, an unsupported ceiling tile that fell onto plaintiff. (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837–838, 501 N.Y.S.2d 646, 492 N.E.2d 774 [1986]). Even assuming, as defendants argue, that they met their prima facie burden of showing lack of notice through the affidavits of their employees, plaintiff submitted ample evidence presenting issues of fact on these issues to warrant denial of summary judgment.

We have considered the remaining arguments and find them unavailing.

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