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.
