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SNAUFFER v. 1177 AVENUE OF THE AMERICAS LP

3707, 104400/08.

78 A.D.3d 583 (2010)

913 N.Y.S.2d 26

ROBERT E. SNAUFFER, Appellant, v. 1177 AVENUE OF THE AMERICAS LP et al., Respondents.

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

Decided November 30, 2010.

Defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence that they neither created nor had notice of the alleged wet condition that caused plaintiff to slip (see e.g. Garcia v Delgado Travel Agency, 4 A.D.3d 204 [2004]). In opposition, plaintiff failed to raise a triable issue of fact. Although it was raining at the time of plaintiff's fall and defendants had placed mats in front...

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