| Powell v Cedar Manor Mut. Hous. Corp. |
| 2007 NY Slip Op 09217 [45 AD3d 749] |
| November 20, 2007 |
| Appellate Division, Second Department |
| Joyce Powell, Appellant, v Cedar Manor Mutual HousingCorporation et al., Respondents. |
—[*1] Thomas D. Hughes, New York, N.Y. (Richard C. Rubinstein of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Satterfield, J.), dated March 12, 2007, which granted thedefendants' motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
"In slip-and-fall cases involving snow and ice, a property owner is not liable unless he or shecreated the defect, or had actual or constructive notice of its existence" (Gil v Manufacturers Hanover TrustCo., 39 AD3d 703, 704 [2007]). Moreover, "a property owner will not be held liable foraccidents resulting from the accumulation of snow or ice on the premises until an adequateperiod of time has passed following the cessation of the storm to allow the owner an opportunityto ameliorate the hazardous condition" (Fahey v Serota, 23 AD3d 335, 336-337 [2005]).
Here, the defendants established their prima facie entitlement to judgment as a matter of lawby submitting proof of a storm in progress at the time of the fall (see DeVito v Harrison House Assoc.,41 AD3d 420, 421 [2007]). In opposition, the plaintiff failed to raise a triable issue of fact(see Small v Coney Is. Site 4A-1Houses, Inc., 28 AD3d 741 [2006]; see also DeStefano v City of New York, 41 AD3d 528, 529[2007]; Dowden v Long Is. R.R., 305 AD2d 631, 631-632 [2003]; Chapman v City ofNew York, 268 AD2d 498 [2000]; Taylor v New York City Tr. Auth., 266 AD2d384 [1999]). The plaintiff's contention that [*2]she fell on "old"ice from a prior storm which was hidden under the new snowfall is mere speculation andinsufficient to defeat the defendants' motion for summary judgment (see Small v Coney Is.Site 4A-1 Houses, Inc., 28 AD3d at 742; Palopoli v City of New York, 305 AD2d388 [2003]; Abaya v City of New York, 257 AD2d 446, 446-447 [1999]). Crane, J.P.,Ritter, Fisher, Covello and Dickerson, JJ., concur. [See 2007 NY Slip Op 30312(U).]