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FRIBERG v. CITY OF NEW YORK

Index No. 159850/14. Appeal No. 13517. Case No. 2020-01810.

193 A.D.3d 451 (2021)

148 N.Y.S.3d 6

2021 NY Slip Op 02100

William Friberg, Appellant-Respondent, v. City of New York, Respondent, and LeSaga LLC, Respondent-Appellant.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Decolator Cohen & DiPrisco LLP, Garden City ( Carolyn M. Canzoneri of counsel), for appellant-respondent.

Marshall Dennehey Warner Coleman & Goggin, P.C., New York ( R. David Lane, Jr. of counsel), for respondent-appellant.

James E. Johnson , Corporation Counsel, New York ( Eric Lee of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.

Defendants established prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when, during the course of a rainstorm, he fell on a staircase outside of a building owned by LeSaga and occupied by the City. "Mere wetness on a walking surface due to rain does not constitute a dangerous condition" (Ceron v Yeshiva Univ., 126 A.D.3d 630, 632 [1st Dept 2015]).

Defendants also demonstrated...

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