| Torres v New York City Hous. Auth. |
| 2011 NY Slip Op 04814 [85 AD3d 469] |
| June 9, 2011 |
| Appellate Division, First Department |
| Shawn Torres, Respondent, v New York City HousingAuthority, Appellant. |
—[*1] Silbowitz, Garafola, Silbowitz & Schatz, New York (Mitchell L. Perry of counsel), forrespondent.
Order, Supreme Court, New York County (Louis B. York, J.), entered December 29, 2010,which, in an action for personal injuries allegedly sustained when plaintiff slipped on a substanceas he descended a stairway in defendant's building and fell, denied defendant's motion forsummary judgment dismissing the complaint, unanimously reversed, on the law, without costs,and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissingthe complaint.
Defendant established its entitlement to judgment as a matter of law. Defendantdemonstrated that it neither created nor had actual or constructive notice of the allegedlydefective condition. The building's supervisor of caretakers stated that the janitorial schedule forthe building included that the subject stairs be cleaned in the hour before plaintiff fell (see Love v New York City Hous.Auth., 82 AD3d 588 [2011]; Raghu v New York City Hous. Auth., 72 AD3d 480, 481-482[2010]).
Plaintiff's opposition failed to raise a triable issue of fact. Evidence of a general awareness ofdebris and spills in the stairway does not require a finding that defendant is deemed to havenotice of the condition that caused plaintiff to fall (see Piacquadio v Recine Realty Corp.,84 NY2d 967, 969 [1994]; DeJesus vNew York City Hous. Auth., 53 AD3d 410, 411 [2008]). Concur—Gonzalez, P.J.,Tom, Friedman, Catterson and Richter, JJ.