Infante v. State of New York

Full title: EDWARD INFANTE, Claimant-Appellant, v. THE STATE OF NEW YORK…

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

Date published: Nov 30, 1999

266 A.D.2d 130 (N.Y. App. Div. 1999)

698 N.Y.S.2d 484

Opinion

November 30, 1999

Judgment of the Court of Claims of the State of New York, Albany County (Alan Marin, J.), entered on or about August 31, 1998, which, after a trial on the issue of liability, granted defendant's motion to dismiss the claim, unanimously affirmed, without costs.

Sebastian M. Alia, for Claimant-Appellant,

Dean J. Nossel, for Defendant-Respondent.

ELLERIN, P.J., WILLIAMS, LERNER, RUBIN, SAXE, JJ.

The court properly dismissed this claim brought by a police officer pursuant to General Municipal Law § 205-e, alleging violations of §§ 27-127 and 27-128 of the Administrative Code of the City of New York. There was no evidence supporting an inference that defendant had any notice of the accumulation of water on the stairs where claimant allegedly slipped (compare,Lusenskas v. Axelrod, 183 A.D.2d 244, 248, appeal dismissed 81 N.Y.2d 300).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.