Elbaz v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Elbaz v. New York City Housing Authority

139 A.D.3d 659, 29 N.Y.S.3d 197

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 2016

Docket2014-11198

StatusPublished

This text of 139 A.D.3d 659 (Elbaz v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elbaz v. New York City Housing Authority, 139 A.D.3d 659, 29 N.Y.S.3d 197 (N.Y. Ct. App. 2016).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bunyan, J.), dated September 3, 2014, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant’s motion for summary judgment dismissing the complaint is granted.

*660 The plaintiff commenced this action to recover damages for personal injuries allegedly sustained by her when she slipped or tripped on wet debris that was present on a set of stairs leading to the main entrance of a building owned by the defendant. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. The defendant appeals. We reverse.

In support of its motion, the defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that it neither created nor had actual or constructive notice of the condition alleged by the plaintiff to have caused the accident (see Armijos v Vrettos Realty Corp., 106 AD3d 847 [2013]). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court should have granted the defendant’s motion for summary judgment dismissing the complaint.

Rivera, J.R, Miller, Hinds-Radix and LaSalle, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bunyan, J.), dated September 3, 2014, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant’s motion for summary judgment dismissing the complaint is granted.

*660 The plaintiff commenced this action to recover damages for personal injuries allegedly sustained by her when she slipped or tripped on wet debris that was present on a set of stairs leading to the main entrance of a building owned by the defendant. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the motion. The defendant appeals. We reverse.

In support of its motion, the defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that it neither created nor had actual or constructive notice of the condition alleged by the plaintiff to have caused the accident (see Armijos v Vrettos Realty Corp., 106 AD3d 847 [2013]). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court should have granted the defendant’s motion for summary judgment dismissing the complaint.

Rivera, J.R, Miller, Hinds-Radix and LaSalle, JJ., concur.

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Bluebook (online)

139 A.D.3d 659, 29 N.Y.S.3d 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elbaz-v-new-york-city-housing-authority-nyappdiv-2016.

Opinion

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