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MELENDEZ v. NEW YORK CITY HOUSING AUTHORITY

23 A.D.3d 211 (2005)

803 N.Y.S.2d 547

JANET MELENDEZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 10, 2005.

Plaintiff's admission that she never saw what it was that caused her to slip renders her claim that it was food debris, a condition she had observed in the stairwell on previous visits to the building, mere speculation. In any event, assuming that it was a food debris/oily substance hazard that caused plaintiff to fall, there is no evidence tending to show that defendant created or had actual notice of the condition, or how long...

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