Noel Rodriguez v LaSorsa Buick-Pontiac-Chevrolet-Geo, Inc.

Rodriguez v LaSorsa Buick-Pontiac-Chevrolet-Geo, Inc. 2004 NY Slip Op 07940 [12 AD3d 174] November 4, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2005

Noel Rodriguez et al., Appellants,
v
LaSorsa Buick-Pontiac-Chevrolet-Geo, Inc., Respondent.

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Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered June 27, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff seeks to recover for injuries allegedly sustained when he slipped on a patch of oil on the floor of defendant's automobile service station. The record, however, affords no basis to support an inference that defendant had notice, actual or constructive, of the hazard. There is no evidence that the complained-of hazard existed until just before plaintiff's accident. Indeed, there is evidence that plaintiff himself created the hazard shortly before slipping upon it, two witnesses having testified that they observed oil leaking to the floor of defendant's premises from the used engine plaintiff was in the process of unloading from his delivery truck when he slipped and fell. Concur—Mazzarelli, J.P., Williams, Friedman, Gonzalez and Catterson, JJ.