MAY v. AMERICAN RED CROSS (2001)

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

Geneva MAY, Plaintiff-Respondent, v. AMERICAN RED CROSS, Defendant-Appellant.

Decided: October 30, 2001

NARDELLI, J.P., ANDRIAS, LERNER, SAXE and MARLOW, JJ.

Suzanne B. Holzberg, for Plaintiff-Respondent. Patricia D'Alvia, for Defendant-Appellant.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered April 11, 2001, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly denied since triable issues of fact as to whether defendant had constructive notice of the complained of ice hazard, are raised by plaintiff's affidavit, wherein she states that her injurious fall was caused by a pre-existing and unremedied icy condition that had developed from a snowfall 12 days earlier, and by meteorological records supportive of plaintiff's account of the alleged hazard's origin and duration (see, Ralat v. New York City Hous. Auth., 265 A.D.2d 185, 693 N.Y.S.2d 561).

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