Opinion
9710 Index 302699/15
06-25-2019
Tomasa ROSARIO, Plaintiff–Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Defendant–Appellant.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellant. Pen~a & Kahn, PLLC, Bronx (Dianne Welch Bando of counsel), for respondent.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for appellant.
Pen~a & Kahn, PLLC, Bronx (Dianne Welch Bando of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Webber, Oing, JJ.
Order, Supreme Court, Bronx County (Llinet M. Rosado, J.), entered on or about April 10, 2018, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Defendant established its prima facie entitlement to judgment as a matter of law in this action for personal injuries sustained when plaintiff slipped and fell on snow or ice on the walkway in front of defendant's building. Defendant submitted, inter alia, climatological records and a meteorologist's affidavits showing that there was a winter storm in progress at the time of plaintiff's fall (see Wexler v. Ogden Cap Props., LLC, 154 A.D.3d 640, 64 N.Y.S.3d 9 [1st Dept. 2017], lv denied 31 N.Y.3d 909, 2018 WL 2924966 [2018] ).
In opposition, plaintiff failed to raise a triable issue of fact as to whether defendant's caused or had notice of the alleged hazardous condition. Her claim that the icy condition pre-existed the storm, and her conclusory assertion that defendant's snow removal efforts were not adequate, do not raise triable issues of fact, particularly given the climatological data demonstrated sustained rain and above freezing temperatures the day before the accident (see e.g. Moreno v. Trustees of Columbia Univ. in the City of N.Y., 161 A.D.3d 501, 73 N.Y.S.3d 422 [1st Dept. 2018] ).