Rosado v. Phipps Houses Services, Inc

In Rosado v. Phipps Houses Services, Inc., 93 A.D.3d 597 (1st Dept. 2012), plaintiff alleged that she slipped and fell in a puddle located on an exterior landing of defendants' premises and that two yellow caution cones had been placed against the wall, to her right and left, as she exited, but not in the area of the liquid condition. The First Department held that the presence of caution cones created a triable issue of fact as to prior actual notice of the condition, as defendants' witness admitted that they would place such caution cones to alert others to a slippery condition.