In a decision dated May 31, 2001, Justice May Ann Brigantti-Hughes granted the defendant building owner (“general contractor”) summary judgment dismissing the plaintiff’s complaint in its entirety. The plaintiff was a security guard who worked at a property located at 744 East 168th Street, Bronx, New York. On the night of November 3, 2003, he was performing a vertical check of the property to ensure that it was secure. While doing so, he allegedly slipped and fell on or near a paper bag on a staircase, which was dripping with oil and creating a slippery condition located between the fifth and sixth floors of the building. The defendant moved for summary judgment alleging that it had no actual or constructive notice of the alleged condition. The court agreed and held that there was simply no evidence in this matter demonstrating the length of time an oily bag was left on the staircase in order to establish that the defendant had constructive notice of this allegedly hazardous condition.
Brown v. The City of New York and Parrocks Associates, Index No.: 7159/05 (Bronx Co. Sup. Ct., May 31, 2011)
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