Opinion
November 10, 1998
Appeal from the Supreme Court, Bronx County (George Friedman, J.).
There is nothing in the record which indicates that the puddle in front of the lobby elevator upon which plaintiff slipped as she was leaving the building was one of the puddles she observed 20 to 26 minutes prior to her fall when she first returned home from work. As such, plaintiff has failed to establish that the particular puddle of water she slipped on existed for an appreciable length of time so as to permit defendant's employees to rectify the dangerous condition ( see, Serrano v. Haran Realty Co., 234 A.D.2d 86; Crawford v. MRI Broadway Rental, 254 A.D.2d 68). Moreover, it cannot be concluded that defendant was affirmatively negligent in causing plaintiff's injuries ( see, Kovelsky v. City Univ., 221 A.D.2d 234).
Reargument granted, and upon reargument, this Court's unpublished decision and order entered on June 9, 1998 recalled and vacated and a new decision and order substituted therefor; insofar as it seeks leave to appeal to the Court of Appeals, the motion is denied.
Concur — Sullivan, J. P., Rosenberger, Wallach and Andrias, JJ.