Opinion
109 SSM 14.
Decided May 11, 2004.
APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered December 11, 2003. The Appellate Division, with two Justices dissenting, affirmed an order of the Supreme Court, New York County (Edward Lehner, J.), which had granted a motion and cross motion for summary judgment dismissing the complaint, all cross claims and the third-party complaint.
Plaintiff allegedly slipped while walking down a stairwell and fell down five or six steps.
The Appellate Division majority concluded that even if plaintiff had sufficiently alleged that defendant had notice of a recurring, and routinely unaddressed, dangerous condition of spillage on the stairwell, she has not alleged any facts from which it may be inferred that the alleged recurring condition existed at the time she fell, much less that the condition proximately caused her mishap; that there was no evidence that spilled substances were present at the time of the incident anywhere on the stairwell; that evidence of her wet sleeve does not, in isolation, suffice to support a reasonable inference that the injury was sustained wholly or in part by a cause for which the defendant was responsible; and that the defendant's motion for summary judgment was properly granted.
Zanki v. Cahill, 2 AD3d 197, affirmed.
Robert A. Skoblar, New York City, for appellants. Wilson, Bave, Conboy, Cozza Couzens, P.C., White Plains ( James A. Rogers of counsel), for defendant, third-party plaintiff-respondent and third-party defendant-respondent.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed with costs.
The Appellate Division properly determined that plaintiffs failed to raise a triable issue of fact whether the alleged injuries resulted from a dangerous recurring condition of which defendant Cushman Wakefield had actual or constructive notice.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order affirmed, with costs, in a memorandum.