| Amsel v New York Convention Ctr. Operating Corp. |
| 2009 NY Slip Op 02230 [60 AD3d 534] |
| March 24, 2009 |
| Appellate Division, First Department |
| George Amsel et al., Respondents, v New YorkConvention Center Operating Corporation, Also Known as The Jacob K. Javits ConventionCenter, Appellant. |
—[*1] Ephrem J. Wertenteil, New York, for respondents.
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 9, 2008,which denied defendant's motion for summary judgment dismissing the complaint, unanimouslyreversed, on the law, without costs, and the motion granted. The Clerk is directed to enterjudgment in favor of defendant dismissing the complaint.
Defendant established prima facie its entitlement to summary judgment by demonstratingthat it had rained earlier in the day and was raining at the time of plaintiff's accident and thatdefendant had taken reasonable precautions to prevent the tracked-in water from accumulatingby placing mats on the lobby floor and mopping the floor throughout the day and had neitheractual nor constructive notice of the particular wet condition that allegedly caused the accident(see Garcia v Delgado TravelAgency, 4 AD3d 204 [2004]). In opposition, plaintiffs failed to raise a triable issue offact. Concur—Tom, J.P., Mazzarelli, Nardelli, Catterson and Moskowitz, JJ.