Opinion
2013-04503
11-05-2014
Elvia ALTRECHE, appellant, v. CITY OF NEW YORK, et al., respondents.
Adam F. Raclaw, Bronx, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Mordecai Newman and Christina Chung of counsel), for respondents.
Adam F. Raclaw, Bronx, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Mordecai Newman and Christina Chung of counsel), for respondents.
RANDALL T. ENG, P.J., MARK C. DILLON, COLLEEN D. DUFFY, and BETSY BARROS, JJ.
Opinion In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Landicino, J.), dated December 4, 2012, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly was injured when she slipped and fell in a school. The defendant City of New York established its prima facie entitlement to judgment as a matter of law by showing that the accident occurred on public school premises, and that it does not operate, maintain, or control the school (see N.Y. City Charter § 521; Education Law § 2590–b[1][a] ; Myers v. City of New York, 64 A.D.3d 546, 547, 882 N.Y.S.2d 306 ; Leacock v. City of New York, 61 A.D.3d 827, 827, 877 N.Y.S.2d 420 ; Bleiberg v. City of New York, 43 A.D.3d 969, 971, 842 N.Y.S.2d 76 ). In opposition, the plaintiff failed to raise a triable issue of fact.
With respect to the cause of action asserted against the defendant Department of Education of the City of New York (hereinafter the DOE), the defendants submitted evidence sufficient to establish, prima facie, that the DOE neither created the alleged wet condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837–838, 501 N.Y.S.2d 646, 492 N.E.2d 774 ; Zerilli v. Western Beef Retail, Inc., 72 A.D.3d 681, 681, 898 N.Y.S.2d 614 ). In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718 ). Contrary to the plaintiff's contention, the DOE “was not required to cover all of its floors with mats, nor to continuously mop up all moisture resulting from tracked-in rain” (Negron v. St. Patrick's Nursing Home, 248 A.D.2d 687, 687, 671 N.Y.S.2d 275 ; see Naulo v. New York City Bd. of Educ., 71 A.D.3d 651, 651, 896 N.Y.S.2d 155 ).
Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.