| Arzu v County of Nassau |
| 2010 NY Slip Op 06770 [76 AD3d 1036] |
| September 28, 2010 |
| Appellate Division, Second Department |
| Mark Arzu, Appellant, v County of Nassau et al.,Respondents. |
—[*1] John Ciampoli, County Attorney, Mineola, N.Y. (Jackie L. Gross of counsel; Sandra H.Kenney on the brief), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Nassau County (Mahon, J.), entered June 5, 2009, which granted thedefendants' motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly sustained personal injuries when he slipped and fell on water on thebathroom floor of the defendants' facility. The defendants established their entitlement tojudgment as a matter of law by demonstrating that they did not create the alleged hazardouscondition or have actual or constructive notice of it (see Otey v City of New York, 42 AD3d 515 [2007]; Gallais-Pradal v YWCA of Brooklyn,33 AD3d 660 [2006]; Perlongo vPark City 3 & 4 Apts., Inc., 31 AD3d 409 [2006]; Lowe v Olympia & York Cos.[USA], 238 AD2d 317 [1997]). In opposition, the plaintiff failed to raise a triable issue offact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Contrary to the plaintiff'scontention, there was insufficient evidence to raise a triable issue of fact as to whether thedefendants had actual notice of a recurring hazardous condition which proximately caused him tofall (see Gallais-Pradal v YWCA ofBrooklyn, 33 AD3d 660 [2006]; Perlongo v Park City 3 & 4 Apts., Inc., 31 AD3d 409 [2006]).Accordingly, the Supreme Court properly granted the defendants' motion for summary judgmentdismissing the complaint. Covello, J.P., Santucci, Balkin and Austin, JJ., concur.