OVED v. Mechon Hahoyrah of Monsey, Inc., Defendant-Respondent. (2004)

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

Ronit OVED, Plaintiff-Appellant, v. Emil TAUBER, Defendant, Mechon Hahoyrah of Monsey, Inc., Defendant-Respondent.

Decided: June 22, 2004

BUCKLEY, P.J., TOM, SAXE, SULLIVAN, FRIEDMAN, JJ.

Solomon Rosengarten, Brooklyn, for appellant. McCabe, Collins, McGeough & Fowler, Mineola (Thomas M. Quinn of counsel), for respondent.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 23, 2003, which granted defendant-respondent's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The motion was properly granted based upon the deposition testimony of defendant's property manager that there was no snow or ice in the driveway where plaintiff fell at the time of the accident, and the absence of any evidence that defendant or its property manager had actual or constructive notice of the patch of ice that allegedly caused plaintiff's fall (see Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972, 622 N.Y.S.2d 496, 646 N.E.2d 798).

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