Colon v. New York City Transit Authority

Full title: JOEL COLON, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1998

251 A.D.2d 615 (N.Y. App. Div. 1998)

675 N.Y.S.2d 875

Opinion

June 29, 1998

Appeal from the Supreme Court, Kings County (R. Goldberg, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment, as there was no evidence to establish that the defendant either created or had actual or constructive notice of the condition which allegedly caused the plaintiff to slip, and fall ( see, Goldman v. Waldbaum, Inc., 248 A.D.2d 436; Gaeta v. City of New York, 213 A.D.2d 509; Bradish v. Tank Tech Corp., 216 A.D.2d 505; Pirillo v. Longwood Assocs., 179 A.D.2d 744).

The plaintiffs contention that the defendant's motion for summary judgment was premature is without merit ( see, Douglas Manor Assn. v. Alimaras, 215 A.D.2d 522, 524).

O'Brien, J.P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.