Dennis v Bartow Stationery

2006 NY Slip Op 02624

Decided on April 6, 2006

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 6, 2006
Tom, J.P., Andrias, Marlow, Williams, McGuire, JJ.
8226Index 49626/02






Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of
counsel), for appellant.
The Law Office of Vincent D. McNamara, East Norwich
(Anthony Marino of counsel), for Bartow Stationery, respondent.
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York
(Michael L. Boulhosa of counsel), for Riverbay Corporation,
respondent.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 5, 2005, which, to the extent appealed from, granted defendant Riverbay's motion for summary judgment, and upon a search of the record, dismissed the complaint as against both defendants, unanimously affirmed, without costs.

Plaintiff in this slip-and-fall case failed to raise an issue of fact as to the existence of an ongoing and recurring dangerous condition in the area of the accident that was
routinely left unaddressed by defendants (see Cochetti v Wal-Mart Stores, __ AD3d __, 804 NYS2d 857 [2005]; Tejeda v Six Ten Mgt. Corp., 15 AD3d 265 [2005]; cf. Irizarry v 15 Mosholu Four, LLC, __ AD3d __, 806 NYS2d 534 [2005]; O'Connor-Miele v Barhite & Holzinger, 234 AD2d 106 [1996]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 6, 2006

CLERK