Majority
p. 913Shirl Mayo, Appellant, v Cedar Manor Mutual Housing Corporation, Respondent. [946 NYS2d 486]
— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Sampson, J.), dated March 2, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created nor had actual or constructive notice of the icy condition alleged to have caused the plaintiff’s fall (see Spinoccia v Fairfield Bellmore Ave., LLC, 95 AD3d 993 [2d Dept 2012]; Christal v Ramapo Cirque Homeowners Assoc., 51 AD3d 846 , 846-847 [2008]).
In opposition, the plaintiff failed to raise a triable issue of
p. 914
fact. The plaintiffs contentions as to when and how the patch of ice was formed were based on speculation and conjecture (see Simmons v Metropolitan Life Ins. Co., 84 NY2d 972 , 973-974 [1994]; Simon v PABR Assoc., LLC, 61 AD3d 663 , 664 [2009]; DeVito v Harrison House Assoc., 41 AD3d 420 , 421 [2007]; cf. San Marco v Village/Town of Mount Kisco, 16 NY3d 111 , 115 [2010]). Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. Skelos, J.P., Florio, Lott and Miller, JJ., concur.
Cases cited
- Spinoccia v. Fairfield Bellmore Avenue, LLC 95 AD3d 993 p. 913
- Christal v. Ramapo Cirque Homeowners Associate 51 AD3d 846 at 846-847 p. 913
- Simmons v. Metropolitan Life Insurance 84 NY2d 972 at 973-974 p. 914
- DeVito v. Harrison House Associates 41 AD3d 420 at 421 p. 914
- San Marco v. Village/Town of Mount Kisco 16 NY3d 111 at 115 p. 914