NEMBHARD v. MOUNT VERNON CITY SCHOOL DISTRICT

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly was injured when she slipped and fell on an icy staircase at a school operated by the defendant. The Supreme Court denied the defendant's motion for summary judgment dismissing the complaint. We affirm.

In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff raised triable issues of fact regarding whether the remedial measures undertaken by the defendant were reasonable and appropriate under all of the circumstances and whether the defendant either created the allegedly dangerous condition or increased the hazard already present (see Booth v. City of New York, 272 A.D.2d 357; Kennedy v. C C New Main St. Corp., 269 A.D.2d 499; LoSquadro v. Roman Catholic Archdiocese of Brooklyn, 253 A.D.2d 856) . Contrary to the defendant's contention, the plaintiff's affidavit in opposition to its motion did not present feigned factual issues designed to avoid the consequences of her earlier statements (cf. Marcelle v. New York City Tr. Auth., 289 A.D.2d 459; Nieves v. ISS Cleaning Servs. Group, 284 A.D.2d 441). Thus, the affidavit was sufficient to demonstrate the existence of triable issues of fact. Accordingly, the defendant's motion was properly denied.

RITTER, J.P., FRIEDMANN, H. MILLER and COZIER, JJ., concur.