| Montero v Southern Blvd. Ltd. Partnership |
| 2010 NY Slip Op 04244 [73 AD3d 568] |
| May 18, 2010 |
| Appellate Division, First Department |
| Alice D. Montero, Appellant, v Southern BoulevardLimited Partnership, Respondent. |
—[*1] Havkins Rosenfeld Ritzert & Varriale, LLP, Mineola (Christopher Gibbons of counsel), forrespondent.
Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered November 24, 2009,which granted defendant's motion for summary judgment dismissing the complaint and deniedplaintiff's cross motion for partial summary judgment, unanimously affirmed, without costs.
Plaintiff visited the premises on April 12, 2001, to pick up her paycheck from her employer,a tenant on defendant's property, when she lost her footing on the top step as she was about todescend a stairway and fell, suffering injury. She acknowledged at deposition that she had neverpreviously noticed a lump or crack in this step, nor was she aware of any witness who had.Under these circumstances, the record creates no triable issues of fact as to whether anyhazardous condition existed sufficient to impose liability (compare Taylor v New York CityTr. Auth., 48 NY2d 903 [1979]), or whether defendant had constructive notice of any visibleor apparent defect existing for a sufficient length of time prior to the accident to permit itsdiscovery and repair (see Gordon v American Museum of Natural History, 67 NY2d 836[1986]; compare Alexander v NewYork City Tr., 34 AD3d 312 [2006]).
We have considered plaintiff's other contentions and find them unavailing.Concur—Tom, J.P., McGuire, Moskowitz, Acosta and Freedman, JJ.