Opinion
08-09-2017
Camille WILLIAMSON, appellant, v. LONG ISLAND UNIVERSITY, respondent.
Napoli Shkolnik, PLLC (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Naomi M. Taub ], of counsel), for appellant. Vincent D. McNamara, East Norwich, NY (Anthony Marino of counsel), for respondent.
Napoli Shkolnik, PLLC (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Naomi M. Taub ], of counsel), for appellant.
Vincent D. McNamara, East Norwich, NY (Anthony Marino of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (McCormack, J.), entered July 19, 2016, as granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff was a student at the defendant, Long Island University, and resided at its on-campus housing facility in Brooklyn. During the evening of November 5, 2010, a glass globe fell from a ceiling lighting fixture in the plaintiff's room onto her head. The plaintiff subsequently commenced this action against the defendant to recover damages for personal injuries. Following discovery, the defendant moved for summary judgment dismissing the complaint. The Supreme Court granted the defendant's motion, and the plaintiff appeals.
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not create the condition that allegedly caused the plaintiff's injuries or have actual or constructive notice of it (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572 ; Patrick v. Bally's Total Fitness, 292 A.D.2d 433, 434, 739 N.Y.S.2d 186 ). In opposition, the plaintiff failed to raise a triable issue of fact (see Scola v. Sun Intl. N. Am., 279 A.D.2d 466, 467, 719 N.Y.S.2d 107 ).
Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.
DILLON, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.