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Proof of Janitorial Schedule Demonstrated Absence of Constructive Notice of Liquid on Stairs

The First Department determined that proof of the maintenance schedule was sufficient to demonstrate defendant did not have constructive notice of a spill on a staircase:

Defendant … demonstrated that it lacked constructive notice of the liquid on the staircase through the affidavit of the caretaker assigned to the building on the day before the accident, who averred that she would have followed the weekend janitorial schedule, which required inspecting the building by 11:00 a.m. on the day before the accident and removal of anything found on the staircase, and that, pursuant to the schedule, she would inspect the staircase at around 8:00 a.m. the next morning … . Her statement concerning the janitorial schedule was corroborated by her supervisor’s testimony. Plaintiff testified that the wet condition was not present on the stairs the prior evening, when she returned home at 9 p.m. Such evidence established that the wet liquid was deposited on the stairs only after the caretaker left work and that the accident occurred before the caretaker came to work the next morning. This time frame, occurring out of regular work hours, would not have provided the caretaker with a sufficient period of time to discover and remedy the problem … . Defendant is not required to patrol the staircases 24 hours a day … . Pagan v New York City Hous Auth, 2014 NY Slip Op 07441, 1st Dept 10-30-14

 

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