From Casetext: Smarter Legal Research

Rocco v. St. Matthew's Roman Catholic Church

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
265 A.D.2d 472 (N.Y. App. Div. 1999)

Opinion

Argued June 29, 1999

October 21, 1999

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.).


ORDERED that the order is affirmed, with costs.

In this slip-and-fall action, in order to establish a prima facie case, the plaintiffs were required to present proof that the defendant created, or had actual or constructive notice of, the defective condition which allegedly caused the injured plaintiff to fall (see, Robinson v. Lupo, 261 A.D.2d 525 [2d Dept., May 17, 1999]; Wauters v. Shop Rite, 244 A.D.2d 404; see also, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967). To constitute constructive notice, "a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" (Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837; see also, Wauters v. Shop Rite, supra). As there was no evidence in the instant case from which one could conclude that the defendant had actual or constructive notice of the wet stairs on which the injured plaintiff fell or that the defendant created the condition, the Supreme Court properly granted the defendant's motion for summary judgment (see, Baer v. Great Atl. Pac. Tea Co., 264 A.D.2d 791 [2d Dept., Sept. 27, 1999]; O'Rourke v. Williamson, Picket, Gross, Inc., 260 A.D.2d 260 [1st Dept., Apr. 20, 1999]; Alatief v. New York City Tr. Auth., 256 A.D.2d 3 71; Lottie v. Edwards-Knox Cent. School Dist., 235 A.D.2d 678; Rosario v. New York City Tr. Auth., 215 A.D.2d 364; Stoerzinger v. Big V Supermarkets, 188 A.D.2d 790).

JOY, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.


Summaries of

Rocco v. St. Matthew's Roman Catholic Church

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
265 A.D.2d 472 (N.Y. App. Div. 1999)
Case details for

Rocco v. St. Matthew's Roman Catholic Church

Case Details

Full title:FLORENCE ROCCO, et al., appellants, v. ST. MATTHEW'S ROMAN CATHOLIC…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 1999

Citations

265 A.D.2d 472 (N.Y. App. Div. 1999)
696 N.Y.S.2d 703

Citing Cases

Roethgen v. AMF Babylon Lanes

However, in opposition, the plaintiff raised a triable issue of fact as to whether the defendants' employees…

Friedenreich v. Roosevelt Field Mall Mgmt

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is…