In Irizarry v. 1915 Realty LLC, 2016 NY Slip Op 00009 (App Div. 1st Dept. Jan. 5, 2016), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s personal injury/premises liability/slip-and-fall case. Teh court explained:
Triable issues of fact regarding whether defendant caused or created the wet stair condition on which plaintiff allegedly slipped and fell precludes the grant of summary judgment. Although defendant’s superintendent denied mopping the stairs on the morning of plaintiff’s accident, as it would have been inconsistent with his established cleaning routine and schedule, plaintiff’s testimony that mopping was performed by different persons, at different times, on random days, conflicted with the superintendent’s claim as to the existence of a mopping schedule. Furthermore, rather than rely on speculation as to causation, plaintiff’s theory is based upon her observation that the condition was soapy, dirty, and wet, resembling what one would see when using a dirty mop, and the presence of a mop, bucket, and “wet floor” sign in the nearby lobby. Defendant’s creation of the alleged condition could be reasonably inferred from such testimony.