Opinion
2018–13962 Index No. 509889/16
01-13-2021
Jessica HERNANDEZ, appellant, v. BG MANAGEMENT 2, LLC, respondent.
Jesse Barab, New York, N.Y. (Brett Singer of counsel), for appellant. Smith Mazure, P.C., New York, N.Y. (J. Jay Young of counsel), for respondent.
Jesse Barab, New York, N.Y. (Brett Singer of counsel), for appellant.
Smith Mazure, P.C., New York, N.Y. (J. Jay Young of counsel), for respondent.
MARK C. DILLON, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated October 15, 2018. The order granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when she slipped and fell while descending the interior staircase of the defendant's building. The Supreme Court granted the defendant's motion for summary judgment dismissing the complaint. The plaintiff appeals.
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it maintained the premises in a reasonably safe condition and that it neither created nor had actual or constructive notice of the alleged hazardous condition that caused the plaintiff to fall (see Lieb v. Guzman, 134 A.D.3d 913, 21 N.Y.S.3d 338 ; Rolland v. New Prospects of Brooklyn, Inc., 128 A.D.3d 939, 8 N.Y.S.3d 591 ; Morrison v. Apostolic Faith Mission of Portland, Or., 111 A.D.3d 684, 974 N.Y.S.2d 568 ). In opposition, the plaintiff failed to raise a triable issue of fact (see Cusumano v. City of New York, 15 N.Y.3d 319, 910 N.Y.S.2d 410, 937 N.E.2d 74 ; Altschuler v. Gramatan Mgt., Inc., 27 A.D.3d 304, 811 N.Y.S.2d 379 ).
Accordingly, we agree with the Supreme Court's determination to grant the defendant's motion for summary judgment dismissing the complaint.
DILLON, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.