From Casetext: Smarter Legal Research

Melendez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2005
23 A.D.3d 211 (N.Y. App. Div. 2005)

Opinion

7034.

November 10, 2005.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered July 30, 2004, which granted defendant building owner's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Loft Zarkin, New York (Jeffrey B. Melcer of counsel), for appellant.

Herzfeld Rubin, P.C., New York (Linda M. Brown of counsel), for respondent.

Before: Buckley, P.J., Tom, Andrias, Sullivan and Malone, JJ., concur.


Plaintiff's admission that she never saw what it was that caused her to slip renders her claim that it was food debris, a condition she had observed in the stairwell on previous visits to the building, mere speculation. In any event, assuming that it was a food debris/oily substance hazard that caused plaintiff to fall, there is no evidence tending to show that defendant created or had actual notice of the condition, or how long it had been on the stairwell before the accident ( see Rivera v. 2160 Realty Co., L.L.C., 4 NY3d 837, revg 10 AD3d 503). Plaintiff's prior observations at best tended to show only a general awareness by defendant of litter in the stairwell, and were thus insufficient to raise an issue of fact as to constructive notice ( see id.; Piacquadio v. Recine Realty Corp., 84 NY2d 967).


Summaries of

Melendez v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Nov 10, 2005
23 A.D.3d 211 (N.Y. App. Div. 2005)
Case details for

Melendez v. New York City Housing Authority

Case Details

Full title:JANET MELENDEZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent

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

Date published: Nov 10, 2005

Citations

23 A.D.3d 211 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8610
803 N.Y.S.2d 547

Citing Cases

Torres v. Washington Heights Business

Summary dismissal was properly granted in this matter where plaintiff was injured when she tripped on a…

Minneci v. West Hempstead Union Free School Dist.

To constitute constructive notice, the defect must be visible and apparent and it must exist for a sufficient…