January 30, 2014
Nadine Hunter-Williams, Plaintiff-Respondent,
Daughters of Jacob Geriatric Center, Defendant-Appellant.
KL Rotondo & Associates, White Plains (Kathi Libby Rotondo of counsel), for appellant.
Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP, New York (Jill Savedoff of counsel), for respondent.
Gonzalez, P.J., Friedman, Renwick, Freedman, Richter, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about September 27, 2012, which, upon granting defendant's motion for leave to renew its prior motion for summary judgment dismissing the complaint, adhered to the prior order denying the motion, unanimously affirmed, without costs.
In this action for personal injuries, plaintiff alleges that she slipped and fell on a staircase in defendant's building due to a wet substance that she did not see because the lighting was inadequate. She further alleges that she was unable to stop her fall because there was no handrail on the bottom part of the staircase where she fell. Defendant failed to satisfy its burden of demonstrating that it did not have actual or constructive notice of the allegedly insufficient lighting condition. The parties' respective experts disagree on whether the lighting was adequate. There is no basis for finding that the handrail was inadequate as it was in complete compliance with the applicable Building Code. There is an issue of fact as to whether plaintiff's fall was caused by inadequate lighting.