| White v New York City Hous. Auth. |
| 2008 NY Slip Op 07954 [55 AD3d 400] |
| October 21, 2008 |
| Appellate Division, First Department |
| Scharmel White, Appellant, v New York City HousingAuthority, Respondent. |
—[*1] Herzfeld & Rubin, P.C., New York (Neil R. Finkston of counsel), for respondent.
Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered October 9, 2007,which, in an action by plaintiff tenant against defendant landlord for personal injuries allegedlycaused by wetness on an interior stairway in the parties' building, insofar as appealed from,granted defendant's motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Plaintiff, who allegedly slipped on a wet substance in an interior stairwell of her building,failed to adduce sufficient proof of a specific dangerous condition which caused her injury. Theevidence fails to demonstrate a recurring dangerous condition, as opposed to a mere "generalawareness" of such a condition, for which defendant is not liable (see Talavera v New YorkCity Tr. Auth., 41 AD3d 135 [2007]). Defendant's janitor testified that he strictly followedthe janitorial schedule that was marked as an exhibit at his deposition, according to which, on theday of the accident (the accident occurred that evening), he would have "swept down" all thestaircases in the morning, removing "gum, feces, etc.," and "walked down" the stairs in theafternoon, removing "any and all debris" and informing his supervisor "of any and all unusualconditions in the building." The supervisor submitted an affidavit stating that he searched hislogbooks for the three-month period prior to the accident and found no reports of any wetconditions in the stairwells by either his staff or the tenants. Moreover, the affidavits which weresubmitted to rebut defendant's prima facie showing of summary judgment were "conclusory andbereft of any detail" (see Kelly v Berberich, 36 AD3d 475, 477 [2007), insufficient toraise a triable issue [*2]of fact regarding constructive notice, andconflicted with plaintiff's previous sworn testimony (see Phillips v Bronx Lebanon Hosp.,268 AD2d 318 [2000]). Concur—Mazzarelli, J.P., Catterson, McGuire, Acosta andRenwick, JJ.