Opinion
2013-12-5
Betty RAINEY, Plaintiff-appellant, v. FRAWLEY PLAZA, LLC, et al., Defendants–Respondents. Frawley Plaza, LLC, et al., Third–Party Plaintiffs–Respondents, v. Iveragh Construction Corp., Third–Party Defendant–Respondent.
Mitchell Dranow, Sea Cliff, for appellant. Smith, Mazure, Director, Wilkins, Young & Yagerman, P.C., New York (Louise M. Cherkis of counsel), for Frawley Plaza, LLC., Putnam Holding Corp. and UA Development Corp., respondents.
Mitchell Dranow, Sea Cliff, for appellant. Smith, Mazure, Director, Wilkins, Young & Yagerman, P.C., New York (Louise M. Cherkis of counsel), for Frawley Plaza, LLC., Putnam Holding Corp. and UA Development Corp., respondents.
Cascone & Kluepfel, LLP, Garden City (Michael T. Reagan of counsel), for Iveragh Construction Corp., respondent.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered January 11, 2013, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Dismissal of the complaint was appropriate in this action where plaintiff was injured when she allegedly slipped and fell on dust while descending stairs in the lobby of the building in which she lived. Defendants Frawley Plaza, LLC, Putnam Holding Corp., and UA Development Corp. were the owners and property managers of the building, and Iveragh Construction Corp. was performing renovations in the building. Defendants submitted evidence that they lacked notice of the allegedly defective condition by showing that the twice-daily cleaning schedule of the lobby was followed on the day of and the day before plaintiff's fall ( see Rodriguez v. New York City Hous. Auth., 102 A.D.3d 407, 959 N.Y.S.2d 127 [1st Dept.2013] ).
Plaintiff's opposition failed to raise a triable issue of fact as to notice. In the same vein, plaintiff's claim that Iveragh caused and created the dust condition was speculative ( see Morales v. Foodways, Inc., 186 A.D.2d 407, 589 N.Y.S.2d 6 [1st Dept.1992] ). MAZZARELLI, J.P., SWEENY, DeGRASSE, FREEDMAN, GISCHE, JJ., concur.