QI CHENG v. The City of New York, Defendant. (1999)

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

QI CHENG, et al., Plaintiffs-Respondents, v. The NEW YORK CITY HOUSING AUTHORITY, Defendant-Appellant, The City of New York, Defendant.

Decided: June 01, 1999

NARDELLI, J.P., WILLIAMS, WALLACH and ANDRIAS, JJ.

James C. Napoli, for Plaintiffs-Respondents. Cynthia A. Holfester, for Defendant-Appellant.

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered November 25, 1997, which, insofar as appealed from, denied the Housing Authority's motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the verified complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

Despite plaintiff's Qi Cheng's deposition testimony that it had been raining prior to 8:57 A.M. on the morning when she slipped and fell on a puddle of water as she left the elevator in her apartment building, there is nothing in the record which indicates how long the puddle was there. As such, plaintiffs have failed to establish that the puddle which caused the accident existed for an appreciable length of time so as to permit the Housing Authority's employees to rectify the dangerous condition (see, Puryear v. New York City Hous. Auth., 255 A.D.2d 138, 680 N.Y.S.2d 9).

MEMORANDUM DECISION.

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