POLANCO v. NEWMARK COMPANY REAL ESTATE INC (2019)

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered on or about November 29, 2017, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted to defendants in this action where plaintiff was injured when she slipped and fell on water in the lobby of a building owned and maintained by defendants.  The incident occurred during an ongoing rainstorm.  Defendants were not required to provide a constant ongoing remedy for an alleged slippery condition caused by moisture tracked indoors during the storm (see Richardson v. S.I.K. Assoc., L.P., 102 A.D.3d 554, 958 N.Y.S.2d 144 [1st Dept. 2013] ).  Moreover, defendants demonstrated that they employed reasonable maintenance measures to address the wet conditions, by laying out rubber mats throughout the lobby (see O'Sullivan v. 7–Eleven, Inc., 151 A.D.3d 658, 658–659, 54 N.Y.S.3d 582 [1st Dept. 2017]; Guntur v. Jetblue Airways Corp., 103 A.D.3d 485, 960 N.Y.S.2d 15 [1st Dept. 2013] ).

The record also shows that defendants met their prima facie burden of showing lack of notice through, inter alia, plaintiff's testimony that she did not see the water before she fell.  Therefore, it was not visible and apparent (see Berger v. ISK Manhattan, Inc., 10 A.D.3d 510, 781 N.Y.S.2d 648 [1st Dept. 2004] ).  Since the spot of water could have been tracked in by pedestrian traffic, there is no basis for finding constructive notice (Richardson, 102 A.D.3d 554, 958 N.Y.S.2d 144).  In opposition, plaintiff failed to create a triable issue of fact.

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