Opinion
2014-05851 Index No. 25892/11.
03-02-2016
Candice N. GURLEY, appellant, v. ROCHDALE VILLAGE, INC., respondent.
Rubenstein & Rynecki, Brooklyn, N.Y. (Harper A. Smith of counsel), for appellant. Morris Duffy Alonso & Faley, LLP, New York, N.Y. (Arjay G. Yao, Kevin G. Faley, and Leigh H. Sutton of counsel), for respondent.
Rubenstein & Rynecki, Brooklyn, N.Y. (Harper A. Smith of counsel), for appellant.
Morris Duffy Alonso & Faley, LLP, New York, N.Y. (Arjay G. Yao, Kevin G. Faley, and Leigh H. Sutton of counsel), for respondent.
Opinion
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lebowitz, J.), dated March 24, 2014, which granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly sustained injuries when she slipped and fell in the lobby of a cooperative apartment building owned by the defendant. She alleged that she slipped on water that had leaked from the ceiling of the lobby. The defendant moved for summary judgment dismissing the complaint. The Supreme Court granted the motion, and the plaintiff appeals.
The defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that it neither created nor had actual or constructive notice of the water in the lobby (see Mehta v. Stop & Shop Supermarket Co., LLC, 129 A.D.3d 1037, 1038, 12 N.Y.S.3d 269; Farren v. Board of Educ. of City of N.Y., 119 A.D.3d 518, 519, 988 N.Y.S.2d 684; Armijos v. Vrettos Realty Corp., 106 A.D.3d 847, 847–848, 965 N.Y.S.2d 536; Perez v. New York City Hous. Auth., 75 A.D.3d 629, 630, 906 N.Y.S.2d 299; Mauge v. Barrow St. Ale House, 70 A.D.3d 1016, 1017, 895 N.Y.S.2d 499; see also 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).
In opposition, the plaintiff failed to raise a triable issue of fact. A general awareness of a recurring problem is insufficient, without more, to establish constructive notice of the particular condition that caused the accident (see Schubert–Fanning v. Stop & Shop Supermarket Co., LLC, 118 A.D.3d 862, 863, 988 N.Y.S.2d 245; Mauge v. Barrow St. Ale House, 70 A.D.3d at 1017, 895 N.Y.S.2d 499; Panetta v. Phoenix Beverages, Inc., 29 A.D.3d 659, 660, 816 N.Y.S.2d 122; cf. McLaughlan v. Waldbaums, Inc., 237 A.D.2d 335, 335, 654 N.Y.S.2d 406).
Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.
RIVERA, J.P., SGROI, MILLER and HINDS–RADIX, JJ., concur.