Appellate Division of the Supreme Court of New York, 2002

Sferrazza v. Arcade Cleaning Contractors, Inc.

Sferrazza v. Arcade Cleaning Contractors, Inc.
Appellate Division of the Supreme Court of New York · Decided July 11, 2002
296 A.D.2d 338; 744 N.Y.S.2d 673; 2002 N.Y. App. Div. LEXIS 7374
Sferrazza v. Arcade Cleaning Contractors, Inc.

Opinion of the Court

Order, Supreme Court, New York County (Louis York, J.), entered on or about June 6, 2001, which, in an action for personal injuries sustained when plaintiff slipped and fell at her place of business, granted defendant cleaning contractor’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The motion was properly granted in the absence of any evidence that defendant either created or had actual or constructive notice of the wet spot which allegedly caused plaintiffs harm (see, Segretti v Shorenstein Co., 256 AD2d 234; DiBenedetto v Port Auth., 293 AD2d 399). Concur — Tom, J.P., Andrias, Saxe, Ellerin and Wallach, JJ.

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