Serrano v. Haran Realty Co.

Appellate Division of the Supreme Court of New York

Serrano v. Haran Realty Co.

234 A.D.2d 86, 650 N.Y.S.2d 236, 1996 N.Y. App. Div. LEXIS 12408

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

DecidedDecember 10, 1996

StatusPublished

Cited by4 cases

This text of 234 A.D.2d 86 (Serrano v. Haran Realty Co.) 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

Serrano v. Haran Realty Co., 234 A.D.2d 86, 650 N.Y.S.2d 236, 1996 N.Y. App. Div. LEXIS 12408 (N.Y. Ct. App. 1996).

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Opinion

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about January 2,1996, which, in an action to recover for injuries sustained by plaintiff when she slipped and fell in the hallway of defendant’s building, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

No issues of fact exist as to defendant’s exercise of ordinary care in keeping the building’s hallways free of dog urine. Given no dispute that the porter swept and mopped the hallways on a daily basis and, in plaintiff’s words, "tried very hard” and "was on top of that building” regarding the dog urine problem, and given no evidence as to the length of time the particular condition that caused plaintiff’s fall had existed prior to the fall, plaintiff shows no more than a "general awareness” by defendant of a dangerous condition, legally insufficient to charge defendant with the necessary constructive notice of the particular condition that caused plaintiff’s fall (see, Gordon v American Museum of Natural History, 67 NY2d 836; Piacquadio v Recine Realty, 84 NY2d 967; Kovelsky v City Univ., 221 AD2d 234). Concur—Rosenberger, J. P., Ross, Williams, Mazzarelli and Andrias, JJ.

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—Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about January 2,1996, which, in an action to recover for injuries sustained by plaintiff when she slipped and fell in the hallway of defendant’s building, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

No issues of fact exist as to defendant’s exercise of ordinary care in keeping the building’s hallways free of dog urine. Given no dispute that the porter swept and mopped the hallways on a daily basis and, in plaintiff’s words, "tried very hard” and "was on top of that building” regarding the dog urine problem, and given no evidence as to the length of time the particular condition that caused plaintiff’s fall had existed prior to the fall, plaintiff shows no more than a "general awareness” by defendant of a dangerous condition, legally insufficient to charge defendant with the necessary constructive notice of the particular condition that caused plaintiff’s fall (see, Gordon v American Museum of Natural History, 67 NY2d 836; Piacquadio v Recine Realty, 84 NY2d 967; Kovelsky v City Univ., 221 AD2d 234). Concur—Rosenberger, J. P., Ross, Williams, Mazzarelli and Andrias, JJ.

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Bluebook (online)

234 A.D.2d 86, 650 N.Y.S.2d 236, 1996 N.Y. App. Div. LEXIS 12408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serrano-v-haran-realty-co-nyappdiv-1996.

Opinion

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