No Notice, No Liability: NY Court Dismisses Exterior Staircase Slip-and-Fall
NY Slip Op 00042
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 6, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established entitlement to judgment as a matter of law, in this action for personal injuries arising out of plaintiff’s fall on an exterior stairway attached to defendants’ building.
Plaintiff failed to raise a triable issue of fact. The record establishes that defendants lacked actual or constructive notice of the allegedly defective condition of the stairway (see Rodriguez v. City of New York, 66 A.D.3d 421 [1st Dept 2009]). Although plaintiff testified that he slipped on a patch of ice on the top step of the stairway, he acknowledged that he did not see the ice before he fell, and there is no evidence that the ice was present for a sufficient length of time prior to the accident to permit defendants to discover and remedy it (see Perez v. Bronx Park S. Assoc., 48 A.D.3d 333 [1st Dept 2008]; Ayala v. New York City Hous. Auth., 14 A.D.3d 315 [1st Dept 2005]).
We have considered plaintiff’s remaining arguments and find them unavailing.
