Talavera v. New York City Tr. Auth

In Talavera v. New York City Tr. Auth., 41 A.D.3d 135, 136 (1st Dept. 2007) The Court held that: "In light of plaintiffs testimony that he slipped on the stairwell that had become wet due to a leaking pipe, and that he had observed the same dangerous condition at that location on many prior occasions, a triable issue is raised as to whether the Transit Authority had constructive notice of the alleged hazard." Talavera, supra, 41 A.D.3d at 136. In Talavera, the First Department Court further explained that, since the "plaintiff in this case identified a specific dangerous condition, to wit, the leaking pipe" as the source of the recurring wet condition, the case was distinguishable from other cases which held that a "general awareness" that a dangerous condition may be present was insufficient to charge a defendant with constructive notice. Talavera, supra, 41 A.D.3d at 136.