| Polatsek v Congregation Bais Arye |
| 2008 NY Slip Op 01126 [48 AD3d 438] |
| February 5, 2008 |
| Appellate Division, Second Department |
| Breindy Polatsek et al., Respondents, v Congregation BaisArye et al., Appellants, et al., Defendant. |
—[*1] Cohen & Jaffe, LLP, Garden City, N.Y. (Lisa M. Comeau of counsel), forrespondents.
In an action to recover damages for personal injuries, etc., the defendants Congregation BaisArye, Leonard Freund, Sylvia Freund, Abraham Freund, Edith Freund, and Jacob Gluck appealfrom an amended order of the Supreme Court, Orange County (Alessandro, J.), dated August 2,2006, which denied their motion for summary judgment dismissing the complaint insofar asasserted against them.
Ordered that the amended order is affirmed, with costs.
On a rainy day, the injured plaintiff allegedly slipped and fell on water on the foyer floor ofpremises owned by the defendants Congregation Bais Arye, Leonard Freund, Sylvia Freund,Abraham Freund, Edith Freund, and Jacob Gluck (hereinafter the defendants). Contrary to thedefendants' contention, they failed to submit evidence sufficient to establish, prima facie, theirstatus as out-of-possession landlords who had no duty to maintain the foyer (see generallyMassucci v Amoco Oil Co., 292 AD2d 351 [2002]; Stalter v Prudential Ins. Co. ofAm., 220 AD2d 577 [1995]). Since the defendants did not address the issue of whether theycreated or had actual or constructive notice of the alleged defect, they failed to meet their primafacie burden and, accordingly, we need not review the sufficiency of the plaintiffs' oppositionpapers (see Kolosovskiy v Vitale, 7AD3d 579 [2004]). Spolzino, J.P., Skelos, Florio and Angiolillo, JJ., concur.