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Alayo v. Port Authority of New York & New Jersey

Supreme Court of New York, Second Department

June 19, 2013

Robert Alayo, et al., appellants,
v.
Port Authority of New York and New Jersey, respondent. Index No. 28571/09

Belovin & Franzblau, LLP, Bronx, N.Y. (David A. Karlin of counsel), for appellants.

James M. Begley, New York, N.Y. (Cheryl Alterman of counsel), for respondent.

WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, PLUMMER E. LOTT, JEFFREY A. COHEN, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Rosengarten, J.), entered November 9, 2011, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on a patch of ice on property owned by the defendant. The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created the alleged hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Feola v City of New York, 102 A.D.3d 827, 827-828; Wylie v Brooks/Eckerd Pharmacy, 49 A.D.3d 533, 534). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

MASTRO, J.P., RIVERA, LOTT and COHEN, JJ., concur.


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