VULEJ v. MEILMAN (2023)

Order, Supreme Court, New York County (William F. Perry, J.), entered October 7, 2022, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff was injured after he slipped and fell on ice on defendants’ driveway.  As the motion court found, since defendants failed to indicate when the driveway had last been inspected or cleaned of ice, they failed to establish their entitlement to judgment as a matter of law (see Singh v. Citibank, N.A., 136 A.D.3d 521, 24 N.Y.S.3d 649 [1st Dept. 2016]).  Defendants also failed to eliminate issues of fact as to whether the ice on the driveway had been there long enough for them to discover and remedy the situation (see e.g Thomas v. New York City Hous. Auth., 165 A.D.3d 471, 472, 85 N.Y.S.3d 61 [1st Dept. 2018];  Mike v. 91 Payson Owners Corp., 114 A.D.3d 420, 979 N.Y.S.2d 332 [1st Dept. 2014];  Bojovic v. Lydig Bejing Kitchen, Inc., 91 A.D.3d 517, 517, 936 N.Y.S.2d 205 [1st Dept. 2012]).

We have considered defendants’ remaining contentions and find them unavailing.