Vance v. Parkchester South Condominium

19 A.D.3d 202, 796 N.Y.S.2d 239, 2005 N.Y. App. Div. LEXIS 6540

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 14, 2005
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered September 7, 2004, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record does not contain evidence sufficient to raise a triable issue as to whether defendant landlord had either actual or constructive notice of, or created, the complained-of wet area on the stairway on its premises where plaintiff allegedly slipped and fell (Rivera v 2160 Realty Co., L.L.C., 4 NY3d 837 [2005]). Concur—Tom, J.E, Andrias, Marlow, Sullivan and Catterson, JJ.