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Lopez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1998
255 A.D.2d 160 (N.Y. App. Div. 1998)

Opinion

November 12, 1998

Appeal from the Supreme Court, Bronx County (Kenneth Thompson, Jr., J.).


The deposition testimony of plaintiff and her mother as to the frequent accumulations of garbage on the staircase over weekends when it was used by "a lot of guys hanging out there and partying and drinking", coupled with the evidence of a gap in scheduled cleanings between mid-Sunday afternoon and mid-Monday morning and of the assignment over the entire weekend of a skeleton maintenance crew consisting of a single janitor responsible for two 14-story buildings containing some 112 apartments and their common areas, raise a triable issue of fact as to whether defendants had constructive notice of a recurrent dangerous condition. Defendant mischaracterizes plaintiff's proof in arguing that at most it shows that it had only a "general awareness" of a dangerous condition (citing Gordon v. American Museum of Natural History, 67 N.Y.2d 836). Rather, plaintiff's proof tends to show that defendant negligently maintained the staircase by failing to have in effect a clean-up schedule sufficiently frequent to avoid the creation of a dangerous condition of which it had constructive notice ( compare, Crosby v. Ogden Servs. Corp., 236 A.D.2d 220, and Ramos v. New York City Hous. Auth., 249 A.D.2d 59, with Ginsberg v. New York City Tr. Auth., 247 A.D.2d 307; cf., Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967).

Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.


Summaries of

Lopez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1998
255 A.D.2d 160 (N.Y. App. Div. 1998)
Case details for

Lopez v. New York City Housing Authority

Case Details

Full title:FRANCES LOPEZ, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 12, 1998

Citations

255 A.D.2d 160 (N.Y. App. Div. 1998)
679 N.Y.S.2d 398

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