| Gale v BP/CG Ctr. I LLC |
| 2008 NY Slip Op 02693 [49 AD3d 454] |
| March 25, 2008 |
| Appellate Division, First Department |
| Erica Gale, Respondent, v BP/CG Center I LLC et al.,Appellants, et al., Defendant. |
—[*1] Block & O'Toole, New York City (Michael J. Wells of counsel), for respondent.
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered June 26, 2007,which, to the extent appealed from, denied the motion for summary judgment dismissing thecomplaint as against the BP/CG defendants, unanimously reversed, on the law, without costs, themotion granted in its entirety, and the complaint dismissed. The Clerk is directed to enterjudgment accordingly. Appeal from order, same court and Justice, entered December 3, 2007,which, upon granting reargument, adhered to the original decision, unanimously dismissed asacademic, without costs.
Plaintiff offered no evidence that defendant owners failed to take reasonable precautions toremedy wet conditions in the building at the time of the accident (see Ford v Citibank, N.A., 11 AD3d508, 509 [2004]). After he stepped off the mats that had been provided, plaintiff slipped inan area that had been mopped less than 15 minutes earlier. During that 15-minute period, severalpeople had walked through the area without incident, in full view of building employees.Therefore, plaintiff cannot show "that the allegedly dangerous wet condition was visible andapparent for a sufficient length of [*2]time prior to the accident topermit defendants' employees to discover and remedy it" (see Shernicoff v 1700 BroadwayCo., 304 AD2d 409, 409-410 [2003]). Concur—Tom, J.P., Andrias, Nardelli andSweeny, JJ. [See 2007 NY Slip Op 31828(U).]