Low v. 138-15 Franklin Avenue Apartments Corp.

272 A.D.2d 57, 707 N.Y.S.2d 317, 2000 N.Y. App. Div. LEXIS 4916

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 2, 2000
• Status: Published

Opinion

—Judgment, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 11, 1999, which, upon the grant of defendant’s motion to set aside the jury verdict for failure to set forth a prima facie case, dismissed the complaint, unanimously affirmed, without costs.

Even if as claimed by plaintiff, the wetness, caused by tracked-in melting snow, on which plaintiff slipped and fell in defendant’s apartment building lobby, was of sufficient accumulation to constitute a dangerous condition, plaintiff failed to establish that defendant had actual or constructive notice of the condition that caused her fall (see, Piacquadio v Recine Realty, 84 NY2d 967; Allen v Brooks, 246 AD2d 438; Puryear v New York City Hous. Auth., 255 AD2d 138). Concur — Sullivan, P. J., Rosenberger, Williams, Wallach and Buckley, JJ.