| Roveccio v Oak Park at Douglaston Unit Owners Assn., Inc. |
| 2008 NY Slip Op 04854 [51 AD3d 999] |
| May 27, 2008 |
| Appellate Division, Second Department |
| Joan Roveccio, Appellant, v Oak Park at Douglaston UnitOwners Association, Inc., Respondent. |
—[*1] Thomas D. Hughes, New York, N.Y. (Richard C. Rubinstein of counsel), forrespondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Grays, J.), dated May 1, 2007, which granted the defendant'smotion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff brought this action after she allegedly was injured when she slipped and fell ona patch of ice while descending the stairway leading from her condominium to the street below.The defendant established its prima facie entitlement to judgment as a matter of law bypresenting evidence that it neither created nor had actual or constructive notice of the icycondition (see Schmidt v DiPerno, 25 AD3d 545, 546 [2006]). The evidence which theplaintiff submitted in opposition failed to raise a triable issue of fact as to whether the defendanthad actual notice of an alleged recurrent dangerous condition regarding pooled water on the stepsand thus was chargeable with constructive notice of each specific occurrence of the condition(see Andujar v Benenson Inv. Co., 299 AD2d 503 [2002]). Accordingly, the SupremeCourt properly granted the defendant's motion for summary judgment dismissing the complaint.Mastro, J.P., Skelos, Lifson and Leventhal, JJ., concur.