Opinion
6762 Index 306052/12
06-05-2018
Illuminada ENTRADA, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant–Respondent.
Rosales Del Rosario, P.C., Flushing (Leo L. Rosales of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Barbara Graves–Poller of counsel), for respondent.
Rosales Del Rosario, P.C., Flushing (Leo L. Rosales of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Barbara Graves–Poller of counsel), for respondent.
Friedman, J.P., Sweeny, Gische, Mazzarelli, Gesmer, JJ.
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about April 6, 2017, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established its entitlement to judgment as a matter of law in this action for personal injuries sustained by plaintiff when she slipped and fell on snow and ice on a sidewalk on an overpass of the Cross Bronx Expressway. Defendant submitted evidence showing it did not have actual or constructive notice of the condition. The record also demonstrates that defendant did not have a reasonable amount of time to clear the sidewalk of the icy condition that developed in the six hours from the end of the storm until the accident (see Moss v. City of New York, 5 A.D.3d 312, 774 N.Y.S.2d 139 [1st Dept. 2004] ).
We have considered plaintiff's remaining arguments and find them unavailing.