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Defense Employees’ Testimony Creates Question Of Fact

October 12, 2011

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In [i]Fragale v. City of N.Y.[/i], a case involving an alleged slip and fall, the First Department reversed the trial court’s decision that granted the defendant’s motion for summary judgment. The First Department held that issues of fact existed with respect to whether the defendant had constructive notice of the claimed condition. The lower court ignored the statements and testimony of the defendant’s employees as to whether there was an ongoing and recurring dangerous oil condition in the area where the plaintiff fell and that was routinely left undressed. Indeed, the defendant’s superintendent conceded that the floor was oily “for weeks and months.” Additional evidence was submitted that one of the defendant’s supervisors routinely performed maintenance on vehicles in the area where the plaintiff’s accident occurred, potentially creating the hazardous condition by causing oil to spill on the floor. For these reasons, questions of fact precluded summary judgment.
Thanks to Lora Gleicher for her contribution to this post.
<a href="http://www.courts.state.ny.us/reporter/3dseries/2011/2011_07138.htm">http://www.courts.state.ny.us/reporter/3dseries/2011/2011_07138.htm</a>

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