Carlos Velez, Plaintiff–Respondent, v. 2420

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Supreme Court, Appellate Division, First Department.

Carlos Velez, Plaintiff–Respondent, v. 2420 Davidson, et al., Defendants–Appellants.


Decided: November 15, 2016

Renwick, J.P., Moskowitz, Kapnick, Kahn, Gesmer, JJ. Cascone & Kluepfel, LLP, Garden City (James K. O'Sullivan of counsel), for appellants. Joel Zuckerberg, Ossining, for respondent.


Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 19, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court properly found that triable issues of fact exist as to whether defendants created the dangerous condition of ice, on which plaintiff slipped and fell, or had actual orconstructive notice of it (see generally Rodriguez v 705–7 E. 179th St. Hous. Dev. Fund Corp., 79 AD3d 518 [1st Dept 2010] ).