Christal v Ramapo Cirque Homeowners Assoc.

2008 NY Slip Op 04642 [51 AD3d 846]

May 20, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

Dwight Christal et al., Appellants, v Ramapo CirqueHomeowners Assoc. et al., Respondents.

—[*1]Fredric Lewis, New York, N.Y., for appellant.

Callan, Koster, Brady & Brennan, LLP, New York, N.Y. (Michael P. Kandler and VeronicaM. Wayner), for respondents Ramapo Cirque Homeowners Assoc., and Arco/WentworthManagement Co.

O'Connor, O'Connor, Bresee & First, P.C., Albany, N.Y. (Alexander Powhida of counsel),for respondent Grasskeepers Landscaping, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited bytheir brief, from so much of an order of the Supreme Court, Rockland County (Berliner, J.), datedApril 18, 2007, as granted those branches of the motion of the defendants Ramapo CirqueHomeowners Assoc. and Arco/Wentworth Management Co. and the cross motion of thedefendant Grasskeepers Landscaping, Inc.,which were for summary judgment dismissing thecomplaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable tothe respondents appearing separately and filing separate briefs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law bydemonstrating that they neither created nor had actual or constructive notice of the patch of"black ice" on which the plaintiff Dwight Christal allegedly slipped and fell (see Robinson v Trade Link Am., 39AD3d 616, 616-617 [2007]; Makaron v Luna Park Hous. Corp., 25 AD3d 770 [2006];Murphy v 136 N. Blvd. Assoc., 304 AD2d 540 [2003]). In response, the plaintiffs failedto raise a triable issue of fact as to whether the ice was the result of improper snow removal(see Robinson v Trade Link Am., 39 AD3d at 617; Zabbia v Westwood, LLC, 18 AD3d 542, 544 [2005]; Ravina vIncorporated Town of Greenburgh, [*2]6 AD3d 688, 689[2004]). Additionally, the plaintiffs presented no evidence that the defendants had received anycomplaints about the ice patch, or that it was visible and apparent and had existed for a sufficientlength of time before the accident for the defendants to discover and remedy it (see Gjoni v 108 Rego Devs. Corp., 48AD3d 514 [2008]; Murphy v 136 N. Blvd. Assoc., 304 AD2d at 540-541).Accordingly, the Supreme Court properly granted those branches of the defendants' motion andcross motion which were for summary judgment dismissing the complaint insofar as assertedagainst them (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Lifson,J.P., Ritter, Dillon and Leventhal, JJ., concur.