COLETTA v. CITY OF NEW YORK

ORDERED that the order is affirmed, with costs.

Contrary to the appellant's contention, the Supreme Court properly denied its motion for summary judgment. The plaintiff's evidentiary submissions were sufficient to raise an issue of fact as to whether the appellant had actual knowledge of the ongoing and recurring condition of garbage inside the stairwell, and thus may be charged with constructive notice of the re-occurrence of that condition at the location where the plaintiff slipped and fell (see, Simoni v. 2095 Cruger Assocs., 285 A.D.2d 431; Osorio v. Wendell Terrace Owners Corp., 276 A.D.2d 540; Benn v. Municipal Housing Auth. for the City of Yonkers, 275 A.D.2d 755; O'Grady v. New York City Hous. Auth., 259 A.D.2d 442).

ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.