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Reasonable Inspections Trump 24-Hour Per Day Patrolling

January 4, 2019

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In <i>Rodriguez v. NYCHA, </i>the First Department reinforced well established precedent that a defendant is not required to patrol its halls and stairs 24-hours a day, looking for dangerous conditions. In <i>Rodriguez, </i>the plaintiff slipped and fell on a wet substance in a stairwell in defendant's building. The court held that the defendant established its right to summary judgment with evidence that it neither created nor had notice of the allegedly hazardous condition. The court recognized that it was sufficient that the defendant’s caretaker inspected the stairwell twice every morning and once every afternoon, and promptly mopped any spills she found during her inspections. Indeed, the building was not required to patrol the staircase 24 hours a day.
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