CANTEEN v. NEW YORK CITY HOUS. AUTH.

6553. 300215/13.

164 A.D.3d 418 (2018)

81 N.Y.S.3d 48

2018 NY Slip Op 05733

Delores Canteen, Appellant, v. New York City Housing Authority, Respondent.

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

Decided August 9, 2018.


Defendant established its entitlement to judgment as a matter of law by establishing that it did not have actual or constructive notice of the urine on the staircase that allegedly caused plaintiff to fall. Defendant submitted, inter alia, the affidavit of its caretaker, who averred that it was his practice to inspect the staircase at issue twice each day, in the morning and at around 3:30 p.m., and to mop up any urine or other wet or slippery condition that he observed....

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