Opinion
Decided December 18, 2008.
APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered July 8, 2008. The Appellate Division, with two Justices dissenting, (1) reversed, on the law, an order of the Supreme Court, Bronx County (John A. Barone, J.), which had denied defendant's motion for summary judgment dismissing the complaint, (2) granted the motion, and (3) dismissed the complaint.
Plaintiff, a home health aide who worked for one of defendant owner's tenants, was allegedly injured when she slipped and fell on a small piece of carpet that was lying in the walkway to an outdoor dump site as she returned from leaving a bag of trash at the site.
The Appellate Division majority concluded that the evidence was insufficient to raise a triable issue of fact as to whether defendant knew or should have known of the piece of carpet; that this was not a case where, despite its conceded knowledge that garbage was being left in the area next to the dump site, defendant negligently failed to take any measures to avoid the creation of a dangerous condition; and that the piece of carpet, which was about 10 feet away from where plaintiff left her garbage, could have been deposited there only minutes or seconds before the accident and any other conclusion would be pure speculation.
DeJesus v New York City Hous. Auth., 53 AD3d 410, affirmed.
Trolman, Glaser Lichtman, EC., New York City ( Michael T. Altman of counsel), for appellant.
Cullen and Dykman LLP, Brooklyn ( Joseph Miller of counsel), for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs. In this slip and fall case, plaintiff failed to raise a triable issue of fact that defendant caused or created, or had constructive notice of a dangerous recurring condition.
Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.