Opinion
10-24-2017
Jessica LAUSELL, Plaintiff–Appellant, v. CITY OF NEW YORK, et al., Defendants–Respondents.
Peña & Kahn, PLLC, Bronx (Diane Welch Bando of counsel), for appellant. Lester Schwab Katz & Dwyer, LLP, New York (Daniel S. Kotler of counsel), for respondents.
Peña & Kahn, PLLC, Bronx (Diane Welch Bando of counsel), for appellant.
Lester Schwab Katz & Dwyer, LLP, New York (Daniel S. Kotler of counsel), for respondents.
Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered July 20, 2016, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants sustained their initial burden through the testimony and affidavit of the building manager, plaintiff, the assistant principal, and plaintiff's daughter, as well as with the log book entries, which demonstrated that there was a path that was cleared of snow and ice at the crosswalk and on the sidewalk in front of the Marion Avenue entrance to the building; and that the building manager had inspected the area where plaintiff fell 80 minutes before her accident and it was free of snow and ice (see Herrera v. E 103rd St. & Lexington Ave. Realty Corp., 95 A.D.3d 463, 943 N.Y.S.2d 477 [1st Dept.2012] ).
The court properly found that plaintiff failed to raise a triable issue of fact concerning defendants' notice of the hazardous condition and as to defendants' negligence (see McKenzie v. City of New York, 116 A.D.3d 526, 527, 984 N.Y.S.2d 32 [1st Dept.2014] ). Even if plaintiff's testimony that she did not climb over a mound of snow to access the sidewalk on Webster Avenue was accepted, despite the contrary testimony by the assistant principal and plaintiff's daughter, it was undisputed that plaintiff nevertheless elected to cross the street mid-block, wearing sneakers, and ignored the clear crosswalk and path on Marion Avenue (see Zayas v. New York City Hous. Auth., 115 A.D.3d 485, 981 N.Y.S.2d 532 [1st Dept.2014] ).
RENWICK, J.P., KAPNICK, GESMER, KERN, JJ., concur.