MAY v. AMERICAN RED CROSS

Summary judgment was properly denied since triable issues of fact as to whether defendant had constructive notice of the complained of ice hazard, are raised by plaintiff's affidavit, wherein she states that her injurious fall was caused by a pre-existing and unremedied icy condition that had developed from a snowfall 12 days earlier, and by meteorlogical records supportive of plaintiff's account of the alleged hazard's origin and duration (see, Ralat v. New York City Hous. Auth., 265 A.D.2d 185).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.