PURYEAR v. NEW YORK CITY HOUSING AUTHORITY (1998)

Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about September 8, 1997, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, defendant's motion granted and the complaint dismissed.   The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

 There is nothing in the record which indicates that the puddle in front of the lobby elevator upon which plaintiff slipped as she was leaving the building was one of the puddles she observed 20 to 25 minutes prior to her fall when she first returned home from work.   As such, plaintiff has failed to establish that the particular puddle of water she slipped on existed for an appreciable length of time so as to permit defendant's employees to rectify the dangerous condition (see, Serrano v. Haran Realty Co., 234 A.D.2d 86, 650 N.Y.S.2d 236;  Crawford v. MRI Broadway Rental, 254 A.D.2d 68, 678 N.Y.S.2d 491).   Moreover, it cannot be concluded that defendant was affirmatively negligent in causing plaintiff's injuries (see, Kovelsky v. City University of New York, 221 A.D.2d 234, 634 N.Y.S.2d 1).

The Decision and Order of this Court entered herein on June 9, 1998, is hereby recalled and vacated.   See M-4609 decided simultaneously herewith.

MEMORANDUM DECISION.