Opinion
6317 Index 310472/08
04-19-2018
Kerry MANGUM, Plaintiff–Appellant, v. 500 BRUSH LLC, Defendant–Respondent.
Steve Anduze, Yonkers, for appellant. Lester Schwab Katz & Dwyer, LLP, New York (Paul M. Tarr of counsel), for respondent.
Steve Anduze, Yonkers, for appellant.
Lester Schwab Katz & Dwyer, LLP, New York (Paul M. Tarr of counsel), for respondent.
Friedman, J.P., Richter, Andrias, Kapnick, Webber, JJ.
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered March 14, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The record demonstrates that defendant, an out-of-possession landlord, neither created nor had actual knowledge of the alleged hazardous condition of the step on which plaintiff fell, which had chewed-up duct tape on its tread. Plaintiff testified that he had used the stairs and not noticed the condition approximately 20 minutes before he fell and that he did not notice the condition in the moment immediately preceding his fall on the wet step. As to constructive notice, a witness testified that, during a heavy rainfall, water fell in drips onto the floor at the foot of the stairs, but there is no evidence in the record that any alleged leak in the roof resulted from "a significant structural or design defect that is contrary to a specific safety provision" (see Torres v. West St. Realty Co., 21 A.D.3d 718, 800 N.Y.S.2d 683 [1st Dept. 2005] [internal quotation marks omitted], lv denied 7 N.Y.3d 703, 819 N.Y.S.2d 870, 853 N.E.2d 241 [2006] ).