No Notice, No Liability: NY First Department Grants Summary Judgment in Exterior Staircase Slip-and-Fall
NY Slip Op 2024, Supreme Court, Appellate Division, First Department, decided on October 10, 2024.
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. The stairway was an “integral part” of the premises (see Burgos v. 79th St. Realty Corp., 26 AD3d 231, 231 [1st Dept 2006]). However, plaintiff failed to raise an issue of fact as to whether defendants had actual or constructive notice of the hazardous condition that allegedly caused her to fall (see Perez v. Bronx Park S. Assoc., 81 AD3d 433, 434 [1st Dept 2011]; Alvarez v. Prospect Hosp., 68 NY2d 320, 324 [1986]). There was no evidence that the condition existed for a sufficient length of time to permit defendants to discover and remedy it.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
