BELLASSAI v. ROBERTS WESLEYAN COLLEGE (2009)

 Plaintiffs commenced this action to recover damages for injuries sustained by Robin E. Bellassai (plaintiff), an employee of third-party defendant, when she slipped and fell on the wet floor of a dining hall on defendant's campus.   We conclude that Supreme Court properly granted the motion of defendant, joined in by third-party defendant, for summary judgment dismissing the complaint.   Those parties met their “ ‘burden of establishing that [defendant] did not create the dangerous condition that caused plaintiff to fall and did not have actual or constructive notice thereof’ ” (Wesolek v. Jumping Cow Enters., Inc., 51 A.D.3d 1376, 1377, 857 N.Y.S.2d 859;  see generally Fasolino v. Charming Stores, 77 N.Y.2d 847, 567 N.Y.S.2d 640, 569 N.E.2d 443;  Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837-838, 501 N.Y.S.2d 646, 492 N.E.2d 774).  “Plaintiffs' speculation with respect to the source of the [wetness] and the length of time it was on the floor is insufficient to raise a triable issue of fact” to defeat the motions (Anthony v. Wegmans Food Mkts., Inc., 11 A.D.3d 953, 954, 782 N.Y.S.2d 216).   Further, defendant's alleged “ ‘general awareness' that a dangerous condition may be present [on the floor in the area of plaintiff's fall] is legally insufficient to constitute notice of the particular condition that caused plaintiff's fall” (Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969, 622 N.Y.S.2d 493, 646 N.E.2d 795;  see generally Gallais-Pradal v. YWCA of Brooklyn, 33 A.D.3d 660, 822 N.Y.S.2d 314;  Palermo v. Roman Catholic Diocese of Brooklyn, N.Y., 20 A.D.3d 516, 799 N.Y.S.2d 248).   For the same reason, there is no merit to plaintiffs' further contention that a prior lawsuit concerning a slip-and-fall allegedly caused by wetness in a different portion of the dining hall several years before plaintiff's accident was sufficient to provide notice of the condition at issue in this case.

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

MEMORANDUM: