Beltre v Heights Mgt. Co., LLC

Beltre v Heights Mgt. Co., LLC 2008 NY Slip Op 07710 [55 AD3d 350] October 9, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 10, 2008

Roder Beltre, Appellant,
v
Heights Management Company, LLC, et al., Respondents.

—[*1] Siler & Ingber LLP, Garden City (Robert M. Brinen of counsel), for appellant.

Law Offices of Safranek, Cohen & Krolian, White Plains (Michael L. Safranek of counsel), for respondents.

Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered August 10, 2007, which granted defendants' motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.

There is no support in the record for plaintiff's claim that the standing water in the bathtub resulting from the recurrently clogged drain caused the tub to become dangerously slippery and, in any event, plaintiff testified that he never complained to the building superintendent that the bathtub was inordinately slippery (see Seaman v State of New York, 45 AD3d 1126, 1127 [2007]; Waiters v Northern Trust Co. of N.Y., 29 AD3d 325, 326-327 [2006]).

We have considered plaintiff's remaining arguments and find them unavailing. Concur—Andrias, J.P., Nardelli, McGuire, Moskowitz and Renwick, JJ.