Oved v. Tauber

8 A.D.3d 149, 780 N.Y.S.2d 121, 2004 N.Y. App. Div. LEXIS 8670

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 22, 2004
• Status: Published

Opinion

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 23, 2003, which granted defendant-respondent’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The motion was properly granted based upon the deposition testimony of defendant’s property manager that there was no snow or ice in the driveway where plaintiff fell at the time of the accident, and the absence of any evidence that defendant or its property manager had actual or constructive notice of the patch of ice that allegedly caused plaintiff’s fall (see Simmons v Metropolitan Life Ins. Co., 84 NY2d 972 [1994]). Concur— Buckley, P.J., Tom, Saxe, Sullivan and Friedman, JJ.