BELTRE v. HEIGHTS MANAGEMENT COMPANY LLC (2008)

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

Roder BELTRE, Plaintiff-Appellant, v. The HEIGHTS MANAGEMENT COMPANY, LLC, et al., Defendants-Respondents.

Decided: October 09, 2008

ANDRIAS, J.P., NARDELLI, McGUIRE, MOSKOWITZ, RENWICK, JJ.

Siler & Ingber LLP, Garden City (Robert M. Brinen of counsel), for appellant. Law Offices of Safranek, Cohen & Krolian, White Plains (Michael L. Safranek of counsel), for respondents.

Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered August 10, 2007, which granted defendants' motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment, unanimously affirmed, without costs.

There is no support in the record for plaintiff's claim that the standing water in the bathtub resulting from the recurrently clogged drain caused the tub to become dangerously slippery and, in any event, plaintiff testified that he never complained to the building superintendent that the bathtub was inordinately slippery (see Seaman v. State of New York, 45 A.D.3d 1126, 1127, 845 N.Y.S.2d 871 [2007]; Waiters v. Northern Trust Co. of N.Y., 29 A.D.3d 325, 326-327, 816 N.Y.S.2d 18 [2006] ).

We have considered plaintiff's remaining arguments and find them unavailing.

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