| Cruz v Montefiore Med. Ctr. |
| 2007 NY Slip Op 08753 [45 AD3d 355] |
| November 13, 2007 |
| Appellate Division, First Department |
| Andrew Cruz, Appellant, v Montefiore Medical Center,Respondent. |
—[*1] Law Offices of Michael E. Pressman, New York City (Steven H. Cohen of counsel), forrespondent.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about July 7, 2006,which granted defendant's motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Plaintiff, a security guard, was chasing a suspicious man in defendant hospital's parkinggarage when he slipped and fell on a stairway. In support of the motion, defendant presenteddeposition testimony from its supervisory employees to the effect that they had no knowledge ofany prior complaints or incidents concerning the condition of the stairs, and from plaintiff, whoadmitted that he never personally complained about the condition of the stairs and was notholding the handrails as he began running down them. This satisfied defendant's prima facieburden of demonstrating that it did not create or have notice of an unsafe condition on the stairs.Plaintiff's opposition consisted of affidavits from himself and his expert to the effect that, asalleged in his bill of particulars, the nonskid surface of the step on which he slipped was worn offand the nosing of the stairway treads had become polished and slippery because of pedestrian useand lack of maintenance. This was insufficient to raise an issue of fact as to whether defendanthad notice of the slippery condition of the stairs. Concur—Tom, J.P., Friedman, Gonzalez,Sweeny and Kavanagh, JJ.