| Morgan v City of New York |
| 2009 NY Slip Op 00662 [59 AD3d 412] |
| February 3, 2009 |
| Appellate Division, Second Department |
| Tereca Morgan et al., Appellants, v City of New York,Defendant, and Felicia Colon Management, Inc., et al., Respondents. |
—[*1] Cohen, Kuhn & Associates, New York, N.Y. (Jeffrey W. Lewis of counsel), forrespondents.
In a consolidated action to recover damages for personal injuries, etc., the plaintiffs appealfrom an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated June 28, 2007,which granted the motion of the defendants Felicia Colon Management, Inc., and NeighborhoodPartnership II Housing Developmental Fund Company, Inc., for summary judgment dismissingthe complaint insofar as asserted against them.
Ordered that the order is affirmed, with costs.
The infant plaintiff allegedly was injured when she slipped and fell on a staircase leading tothe front entrance of a building allegedly owned by the defendant Neighborhood Partnership IIHousing Developmental Fund Company, Inc. (hereinafter Neighborhood), and managed by thedefendant Felicia Colon Management, Inc. (hereinafter Felicia Colon). At the time of theaccident, the staircase was wet from rain.
On their motion for summary judgment dismissing the complaint insofar as asserted againstthem, Neighborhood and Felicia Colon demonstrated their entitlement to judgment as a matter oflaw by establishing that the accident did not occur as a result of a dangerous condition on thestaircase, and that, in any event, they neither created nor had actual or constructive notice of adangerous condition on the staircase (see Richardson v Campanelli, 297 AD2d 794[2002]; King v New York City Tr. Auth., 266 AD2d 354 [1999]). In opposition, theplaintiffs failed to raise a triable issue of fact (see Gentles v New York City Tr. Auth.,275 AD2d 388, 389 [2000]). Accordingly, the Supreme Court properly granted the motion ofNeighborhood and Felicia Colon for summary judgment dismissing [*2]the complaint insofar as asserted against them. Covello, J.P.,Angiolillo, Belen and Chambers, JJ., concur.