Colon v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Colon v. New York City Transit Authority

251 A.D.2d 615, 675 N.Y.S.2d 875, 1998 N.Y. App. Div. LEXIS 7927

Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1998·Published

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated August 18, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment, as there was no evidence to establish that the defendant either created or had actual or constructive notice of the condition which allegedly caused the plaintiff to slip and fall (see, Goldman v Waldbaum, Inc., 248 AD2d 436; Gaeta v City of New York, 213 AD2d 509; Bradish v Tank Tech [616]*616Corp., 216 AD2d 505; Pirillo v Longwood Assocs., 179 AD2d 744).

The plaintiffs contention that the defendant’s motion for summary judgment was premature is without merit (see, Douglas Manor Assn. v Alimaras, 215 AD2d 522, 524). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated August 18, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment, as there was no evidence to establish that the defendant either created or had actual or constructive notice of the condition which allegedly caused the plaintiff to slip and fall (see, Goldman v Waldbaum, Inc., 248 AD2d 436; Gaeta v City of New York, 213 AD2d 509; Bradish v Tank Tech [616]*616Corp., 216 AD2d 505; Pirillo v Longwood Assocs., 179 AD2d 744).

The plaintiffs contention that the defendant’s motion for summary judgment was premature is without merit (see, Douglas Manor Assn. v Alimaras, 215 AD2d 522, 524). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

Colon v. New York City Transit Authority, 251 A.D.2d 615, 675 N.Y.S.2d 875, 1998 N.Y. App. Div. LEXIS 7927 (N.Y. Ct. App. 1998).

Pincite

251 A.D.2d 615 (Colon v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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