| Cantwell v Fox Hill Community Assn., Inc. |
| 2011 NY Slip Op 06820 [87 AD3d 1106] |
| September 27, 2011 |
| Appellate Division, Second Department |
| Jeanette Cantwell, Appellant, v Fox Hill CommunityAssociation, Inc., c/o Elite Property Services, Inc., Respondent. (And a Third-PartyAction.) |
—[*1] Thomas N. Bona, P.C., White Plains, N.Y. (Debra C. Salvi and Michael Flake of counsel),for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Dutchess County (Sproat, J.), dated July 15, 2010, which granted thedefendant's motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A real property owner or a party in possession or control of real property will be held liablefor injuries sustained in a slip-and-fall accident involving snow and ice on its property only whenit created the alleged dangerous condition or had actual or constructive notice of it (see Crosthwaite v Acadia Realty Trust,62 AD3d 823 [2009]; Abbattista vKing's Grant Master Assn., Inc., 39 AD3d 439 [2007]; Nielsen v Metro-North Commuter R.R.Co., 30 AD3d 497 [2006]; Zabbia v Westwood, LLC, 18 AD3d 542 [2005]).
The defendant established its entitlement to judgment as a matter of law by submittingevidence sufficient to demonstrate that it did not create or have actual or constructive notice ofthe "black ice" that allegedly caused the plaintiff to fall (see Robinson v Trade Link Am., 39 AD3d 616 [2007]; Murphyv 136 N. Blvd. Assoc., 304 AD2d 540 [2003]). In opposition, the plaintiff failed to raise atriable issue of fact (see Connelly vShop Rite Supermarkets, Inc., 38 AD3d 588 [2007]; Anderson v Central Val. RealtyCo., 300 AD2d 422 [2002]). Accordingly, the Supreme Court properly granted thedefendant's motion for summary judgment dismissing the complaint.
The plaintiff's remaining contentions either have been rendered academic or are withoutmerit. Dillon, J.P., Angiolillo, Dickerson and Cohen, JJ., concur.