Opinion
12540 Index No. 158502/16 Case No.2020–02512
12-03-2020
John A. POLAMINO, Plaintiff–Appellant, v. PARADISE PACIFIC ENTERPRISES CORP., Defendant–Respondent.
Teperman & Teperman, PLLC, New York (Jay S. Campbell of counsel), for appellant. Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondent.
Teperman & Teperman, PLLC, New York (Jay S. Campbell of counsel), for appellant.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondent.
Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered December 11, 2019, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant met its prima facie burden by demonstrating that it did not have constructive notice of the piece of plastic on its sidewalk that caused plaintiff to trip and fall. Defendant submitted plaintiff's deposition testimony that he walked past the accident location about 20 minutes before he fell and did not see the plastic piece, and had no knowledge of its presence until after the accident (see Early v. Hilton Hotels Corp. , 73 A.D.3d 559, 561–562, 904 N.Y.S.2d 367 [1st Dept. 2010] ; Frank v. Time Equities , 292 A.D.2d 186, 186–187, 739 N.Y.S.2d 140 [1st Dept. 2002] ). In opposition, plaintiff failed to raise a triable issue of fact as to how long the plastic piece was on the sidewalk.