WALLACE v. GOODSTEIN MANAGEMENT LLC (2008)

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

Reginald WALLACE, Plaintiff-Respondent, v. GOODSTEIN MANAGEMENT, LLC, et al., Defendants-Appellants.

Decided: February 21, 2008

LIPPMAN, P.J., ANDRIAS, NARDELLI, BUCKLEY, ACOSTA, JJ.

Thomas D. Hughes, New York (Richard C. Rubinstein of counsel), for appellants. Glenn J. Ingoglia, Island Park, for respondent.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered September 18, 2006, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to demonstrate their entitlement to judgment by showing that they did not have notice of the ice on the porch on which plaintiff slipped in time to remedy the situation (see Pacheco v. Fifteen Twenty Seven Assoc., 275 A.D.2d 282, 283-284, 712 N.Y.S.2d 535 [2000]; Simmons v. Metropolitan Life Ins. Co., 207 A.D.2d 290, 291, 615 N.Y.S.2d 395 [1994], affd. 84 N.Y.2d 972, 622 N.Y.S.2d 496, 646 N.E.2d 798 [1994] ). Ice could have formed sufficiently in advance of the accident to place defendants on notice of the hazardous condition in time to rectify it.

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