Opinion
2011-09-27
Jeanette CANTWELL, appellant,v.FOX HILL COMMUNITY ASSOCIATION, INC., etc., respondent(and a third-party action).
Basch & Keegan, LLP, Kingston, N.Y. (Derek J. Spada of counsel), for appellant.Thomas N. Bona, P.C., White Plains, N.Y. (Debra C. Salvi and Michael Flake of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated July 15, 2010, which granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
A real property owner or a party in possession or control of real property will be held liable for injuries sustained in a slip-and-fall accident involving snow and ice on its property only when it created the alleged dangerous condition or had actual or constructive notice of it ( see Crosthwaite v. Acadia Realty Trust, 62 A.D.3d 823, 879 N.Y.S.2d 554; Abbattista v. King's Grant Master Assn., Inc., 39 A.D.3d 439, 833 N.Y.S.2d 592; Nielsen v. Metro–North Commuter R.R. Co., 30 A.D.3d 497, 817 N.Y.S.2d 110; Zabbia v. Westwood, LLC, 18 A.D.3d 542, 795 N.Y.S.2d 319).
The defendant established its entitlement to judgment as a matter of law by submitting evidence sufficient to demonstrate*460 that it did not create or have actual or constructive notice of the “black ice” that allegedly caused the plaintiff to fall ( see Robinson v. Trade Link Am., 39 A.D.3d 616, 833 N.Y.S.2d 243; Murphy v. 136 N. Blvd. Assoc., 304 A.D.2d 540, 757 N.Y.S.2d 582). In opposition, the plaintiff failed to raise a triable issue of fact ( see Connelly v. Shop Rite Supermarkets, Inc., 38 A.D.3d 588, 830 N.Y.S.2d 670; Anderson v. Central Val. Realty Co., 300 A.D.2d 422, 751 N.Y.S.2d 586). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.
The plaintiff's remaining contentions either have been rendered academic or are without merit.
DILLON, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.