Opinion
15259 Index No. 24362/16E Case No. 2021–02368
02-08-2022
Noraima TORRES, Plaintiff–Appellant, v. BOGOPA SERVICE CORP. doing business as Food Bazaar Supermarket, Defendant–Respondent, Ramos Cleaning and Maintenance, Inc., Defendant.
Friedman, Levy, Goldfarb & Green, P.C., New York (Michael D. Ricchiuto of counsel), for appellant. Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondent.
Friedman, Levy, Goldfarb & Green, P.C., New York (Michael D. Ricchiuto of counsel), for appellant.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondent.
Manzanet–Daniels, J.P., Oing, Gonza´lez, Shulman, Higgitt, JJ.
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered January 12, 2021, which granted defendant Bogopa Service Corp. d/b/a Food Bazaar Supermarket's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Defendant made a prima facie showing that it neither created nor had notice of the slippery condition on the floor on which plaintiff allegedly slipped and fell (see Perez v. River Park Bronx Apts., Inc., 168 A.D.3d 465, 91 N.Y.S.3d 78 [1st Dept. 2019] ). Its employees testified that they had no knowledge of the condition. Plaintiff's deposition testimony that she passed through the same space minutes before the accident and did not observe any substance on the floor at that time establishes that the condition was not visible and apparent (see Polanco v. Newmark & Co. Real Estate, Inc., 172 A.D.3d 602, 101 N.Y.S.3d 40 [1st Dept. 2019] ). In opposition, plaintiff failed to raise an issue of fact.