NORBERT RIJOS, plf-res, v. RIVERBAY CORPORATION, defap

9690. NORBERT RIJOS, plf-res, v. RIVERBAY CORPORATION, defap — Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York (Harriet Wong of counsel), for ap — Burns & Harris, New York (Christopher J. Donadio of counsel), for res — Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered on or about March 7, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff alleges that he was injured when he slipped and fell on an accumulation of rainwater that was approximately one inch deep in the lobby of the building where he lived. Plaintiff testified, and meteorological records showed, that it was raining heavily on the day of the accident and that the rain was accompanied by strong winds. Plaintiff also stated that when he arrived at his building the lobby doors had been blown open by the wind, causing the rain to come indoors.