Yuet Chun Lee v 124-126 Mott Corp., 2023 NY Slip Op 00159 [212 AD3d 464]

January 12, 2023

Appellate Division, First Department

[*1]

Yuet Chun Lee, Respondent,

v

124-126 Mott Corp. et al., Appellants, et al., Defendants.

Hannum Feretic Prendergast & Merlino, LLC, New York (Paul B. Josephs of counsel), for appellants.

Kahn Gordon Timko & Rodriques, P.C., New York (Tyler C. Garvey of counsel), for respondent.

Order, Supreme Court, New York County (Louis L. Nock, J.), entered on or about July 12, 2022, which, to the extent appealed from, denied defendants 124-126 Mott Corp. and Jie Li Laundromat, Inc.’s motion for summary judgment dismissing the complaint against them, unanimously affirmed, without costs.

The motion court correctly denied defendants’ motion for summary judgment. Plaintiff was injured when she fell down the stairs inside a store operated by defendant Jie Li Laundromat, in a building owned by defendant 124-126 Mott Corp. Although plaintiff was not able to identify the exact cause of her fall, the circumstantial evidence, including the testimony and photographs of the accident site, raised an issue of fact as to whether the distracting decorations sold by the store and the lack of warning of the stairs, together, was a dangerous condition from which causation could be reasonably inferred ( see Haibi v 790 Riverside Dr. Owners, Inc. , 156 AD3d 144 , 147 [1st Dept 2017]). Concur—Manzanet-Daniels, J.P., Kapnick, Singh, Mendez, Rodriguez, JJ..