Opinion
9333 Index 157197/14
05-16-2019
Dennis ESCOBAR, Plaintiff-Appellant, v. NEW YORK UNIVERSITY, Defendant-Respondent.
Mitchell Dranow, Sea Cliff, for appellant. Kennedys CMK LLP, New York (Elizabeth J. Streelman of counsel), for respondent.
Mitchell Dranow, Sea Cliff, for appellant.
Kennedys CMK LLP, New York (Elizabeth J. Streelman of counsel), for respondent.
Gische, J.P., Kahn, Gesmer, Singh, Moulton, JJ.
Summary judgment was properly granted in this action where plaintiff alleges that he was injured when he slipped and fell while ascending the stairs in defendant's library. Plaintiff has not adequately demonstrated that a hazardous condition caused his fall. Plaintiff testified that he did not see anything on the stairs immediately before he fell, and neither he nor anyone else has ever identified the cause of his accident.
Even if plaintiff did adequately identify the condition, the record demonstrates a lack of constructive notice on defendant's part. Although defendant failed to submit evidence showing when it last inspected or cleaned the stairs before the accident (see e.g. Graham v. YMCA of Greater N.Y., 137 A.D.3d 546, 27 N.Y.S.3d 41 [1st Dept. 2016] ; Spector v. Cushman & Wakefield, Inc., 87 A.D.3d 422, 928 N.Y.S.2d 9 [1st Dept. 2011] ), plaintiff's testimony establishes lack of constructive notice as a matter of law.