No Notice, No Liability: NY Court Grants Summary Judgment in 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 hazardous condition, i.e., ice and snow accumulation on the stairway (see Rodriguez v. City of New York, 103 AD3d 461 [1st Dept 2013]). No evidence was submitted that the condition existed for a sufficient length of time prior to the accident to permit defendants to discover and remedy it (see Gordon v. American Museum of Natural History, 67 NY2d 836, 837 [1986]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
