Opinion
2003-08007.
Decided March 29, 2004.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Peck, J.), entered August 22, 2003, which denied her motion for summary judgment dismissing the complaint.
Curtis, Vasile, Devine McElhenny, Merrick, N.Y. (Patricia M. D'Antone of counsel), for appellant.
Berman, Schulman Levine, LLP, Brooklyn, N.Y. (Jonathan S. Schulman of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff's predecessor-in-interest, Vito Guadino, allegedly slipped and fell on the steps leading to the front porch of the defendant's house during a heavy rain. Guadino testified at his examination before trial that the steps were made of glossy tiles that were slippery from the rain.
The defendant established her prima facie entitlement to judgment as a matter of law, through her deposition testimony demonstrating that the subject steps were made of "nonslippery tiles," had a grip to prevent slipping, and were designed so that water would run off ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Rodgriguez v. Kimco Centereach 605, 298 A.D.2d 571; Sadowsky v. 2175 Wantagh Ave., 281 A.D.2d 407; King v. New York City Tr. Auth., 266 A.D.2d 354). In opposition, the plaintiff failed to raise a triable issue of fact ( see Rodgriguez v. Kimco Centereach 605, supra; Radaelli v. City of Troy, 229 A.D.2d 882; see also LaRussa v. Shell Oil Co., 283 A.D.2d 403; Werner v. Neary, 264 A.D.2d 731), and whether the defendant had notice of this alleged dangerous condition ( see Rodriguez v. Kimco Centereach 605 Inc.; Wasserstrom v. New York City Tr. Auth., 267 A.D.2d 36).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.