Opinion
February 16, 1999
Appeal from the Supreme Court, Nassau County (Lockwood, J.).
Ordered that the appeal from the order entered September 24, 1997, is dismissed, as that order was superseded by the order entered July 14, 1998, made upon reargument; and it is further,
Ordered that the order entered July 14, 1998, is reversed insofar as reviewed, on the law, the defendant's motion for summary judgment is granted, the order entered September 24, 1997, is vacated, and the complaint is dismissed; and it is further,
Ordered that the defendant is awarded one bill of costs.
The plaintiff, a police officer, was allegedly injured in a driveway leased and maintained by the defendant. He thereafter commenced this action against the defendant seeking damages based on common-law negligence and pursuant to General Municipal Law § 205-e. At an examination before trial, the plaintiff testified that while exiting his police cruiser he slipped and fell on an area that was "wet and rainbow colored". The Supreme Court denied the defendant's motion for summary judgment. We reverse.
In response to the defendant's prima facie showing of entitlement to summary judgment dismissing the complaint, the plaintiff failed to raise a triable issue of fact that the defendant either created the allegedly dangerous condition or had actual or constructive notice of it for a period of time sufficient to remedy it (see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967; Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Kaplan v. Waldbaum's Inc., 231 A.D.2d 680). Thus, the plaintiff's common-law negligence cause of action must be dismissed.
Further, the ordinances cited by the plaintiff in support of his cause of action under General Municipal Law § 205-e Gen. Mun. are mere codifications of the duties giving rise to the plaintiff's common-law negligence claim (see, Basso v. Miller, 40 N.Y.2d 233; Kiett v. New York City Hous. Auth., 255 A.D.2d 422). Thus, the plaintiff's claim under General Municipal Law § 205-e Gen. Mun. must also be dismissed.
Miller, J. P., Ritter, Altman and Luciano, JJ., concur.