Alayo v Port Auth. of N.Y. & N.J.

Alayo v Port Auth. of N.Y. & N.J. 2013 NY Slip Op 04565 Decided on June 19, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 19, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2012-00087
(Index No. 28571/09)

[*1]Robert Alayo, et al., appellants,

v

Port Authority of New York and New Jersey, respondent.




Belovin & Franzblau, LLP, Bronx, N.Y. (David A. Karlin of
counsel), for appellants.
James M. Begley, New York, N.Y. (Cheryl Alterman of counsel),
for respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Rosengarten, J.), entered November 9, 2011, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on a patch of ice on property owned by the defendant. The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created the alleged hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Feola v City of New York, 102 AD3d 827, 827-828; Wylie v Brooks/Eckerd Pharmacy, 49 AD3d 533, 534). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.
MASTRO, J.P., RIVERA, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court