Puryear v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Puryear v. New York City Housing Authority

255 A.D.2d 138, 680 N.Y.S.2d 9, 1998 N.Y. App. Div. LEXIS 11786

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

DecidedNovember 10, 1998

StatusPublished

Cited by5 cases

This text of 255 A.D.2d 138 (Puryear 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.

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Puryear v. New York City Housing Authority, 255 A.D.2d 138, 680 N.Y.S.2d 9, 1998 N.Y. App. Div. LEXIS 11786 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about September 8, 1997, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously re[139]*139versed, on the law, without costs, defendant’s motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

There is nothing in the record which indicates that the puddle in front of the lobby elevator upon which plaintiff slipped as she was leaving the building was one of the puddles she observed 20 to 25 minutes prior to her fall when she first returned home from work. As such, plaintiff has failed to establish that the particular puddle of water she slipped on existed for an appreciable length of time so as to permit defendant’s employees to rectify the dangerous condition (see, Serrano v Haran Realty Co., 234 AD2d 86; Crawford v MRI Broadway Rental, 254 AD2d 68). Moreover, it cannot be concluded that defendant was affirmatively negligent in causing plaintiffs injuries (see, Kovelsky v City Univ., 221 AD2d 234).

Reargument granted, and upon reargument, this Court’s unpublished decision and order entered on June 9, 1998 recalled and vacated and a new decision and order substituted therefor; insofar as it seeks leave to appeal to the Court of Appeals, the motion is denied. Concur — Sullivan, J. P., Rosenberger, Wallach and Andidas, JJ.

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—Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about September 8, 1997, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously re[139]*139versed, on the law, without costs, defendant’s motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

There is nothing in the record which indicates that the puddle in front of the lobby elevator upon which plaintiff slipped as she was leaving the building was one of the puddles she observed 20 to 25 minutes prior to her fall when she first returned home from work. As such, plaintiff has failed to establish that the particular puddle of water she slipped on existed for an appreciable length of time so as to permit defendant’s employees to rectify the dangerous condition (see, Serrano v Haran Realty Co., 234 AD2d 86; Crawford v MRI Broadway Rental, 254 AD2d 68). Moreover, it cannot be concluded that defendant was affirmatively negligent in causing plaintiffs injuries (see, Kovelsky v City Univ., 221 AD2d 234).

Reargument granted, and upon reargument, this Court’s unpublished decision and order entered on June 9, 1998 recalled and vacated and a new decision and order substituted therefor; insofar as it seeks leave to appeal to the Court of Appeals, the motion is denied. Concur — Sullivan, J. P., Rosenberger, Wallach and Andidas, JJ.

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Bluebook (online)

255 A.D.2d 138, 680 N.Y.S.2d 9, 1998 N.Y. App. Div. LEXIS 11786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puryear-v-new-york-city-housing-authority-nyappdiv-1998.

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