Wednesday, July 8, 2015

Summary Judgment is Granted in Premises Case

            In Jaquez v. Lind-Ric Housing Co. Inc. (20120/2012E, NYLJ 1202731567615, at 1, Sup., Bronx, decided June 19, 2015), Justice Alexander Hunter, Jr. dismissed a plaintiff's case finding that no triable issues of fact existed with regards to a slip and fall accident on stairs in an apartment building.  Particularly, the plaintiff brought a negligence action against the owner of the building after he suffered personal injuries when he slipped and fell while walking down an internal stairwell in the defendants' building, alleging that he slipped and fell due to the stairs being "slippery" and therefore, dangerous and unsafe.  After the discovery process was completed, the defendant moved for summary judgment contending, among other things, that the action should be dismissed as defendant did not have actual or constructive notice of the alleged defect.

            Justice Alexander Hunter, Jr. granted defendant's motion, thereby dismissed plaintiff's claim, and held the following: "In the instant matter, the plaintiff failed to establish that triable issues of fact exist as to whether the defendants were negligent with respect to the interior stairs where he fell...[o]ther than stating that the steps are slippery, the plaintiff's expert, in his affidavit, does not identify any tests that were conducted on the surface of the stairwell, nor cite any specific industry standards stating that the paint used would cause an unsafe and slippery condition.  Further, the plaintiff had used the stairs in question regularly leading up to the accident and never experienced difficulties with them before...[a]ccordingly, the defendants' motion for summary judgment is granted and the complaint is dismissed in its entirety."

Salvatore R. Marino, Esq.