Opinion
01-26-2017
Stephanie ROSARIO, Plaintiff–Appellant, v. Nancy J. HABER, Administratrix of the Estate of Ira J. Panzer, et al., Defendants–Respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Jillian Rosen of counsel), for appellant. Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Jillian Rosen of counsel), for appellant.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondents.
ACOSTA, J.P., MAZZARELLI, FEINMAN, WEBBER, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered April 14, 2015, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff seeks damages for injuries she sustained when she slipped on a puddle as she descended the stairs in defendants' building. Defendants established prima facie that they did not have constructive notice of the puddle, i.e., that they did not have an opportunity before plaintiff's accident to discover and remedy the condition on the stairs, through plaintiff's testimony that, two minutes before the accident, she had ascended the stairs without incident and had not noticed the puddle (see Rivera v. 2160 Realty Co., L.L.C., 4 N.Y.3d 837, 797 N.Y.S.2d 369, 830 N.E.2d 267 [2005] ; Early v. Hilton Hotels Corp., 73 A.D.3d 559, 561, 904 N.Y.S.2d 367 [1st Dept.2010] ; Espinal v. New York City Hous. Auth., 215 A.D.2d 281, 626 N.Y.S.2d 790 [1st Dept.1995] ).
In opposition, plaintiff submitted no evidence to show that the puddle did not come into existence during the two minutes that elapsed between her ascent and her descent on the stairs.
We have reviewed plaintiff's remaining contentions and find them unavailing.