KOROTHY v. CORWIN (2000)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (DeMaro, J.), dated April 21, 1999, which, upon the granting of the defendant's application pursuant to CPLR 4401 for judgment as a matter of law, made at the close of the plaintiffs' case, is in favor of the defendant and against them, and dismissed the complaint.

ORDERED that the judgment is affirmed, with costs.

 The plaintiff John Korothy slipped on a small puddle of water as he was about to descend a ladder between the decks on the defendant's boat.   To establish a prima facie case of negligence, the plaintiffs were required to prove that the defendant created a dangerous condition, or had actual or constructive notice thereof (see, McDuffie v. Fleet Fin. Group, 269 A.D.2d 575, 703 N.Y.S.2d 510;  Birthwright v. Mid-City Sec., 268 A.D.2d 402, 701 N.Y.S.2d 627;  Rivest v. Pizza Hut of Am., 264 A.D.2d 388, 693 N.Y.S.2d 232).

 Under the circumstances of this case, the small puddle of water on an exterior deck of the defendant's privately-owned 28 foot long water craft did not constitute a dangerous condition, but rather, was an open and obvious one inherent in the activity of pleasure boating (see, Best v. Town of Islip, 265 A.D.2d 357, 696 N.Y.S.2d 228;  Egeth v. County of Westchester, 206 A.D.2d 502, 614 N.Y.S.2d 763).   In any event, the plaintiffs failed to prove that the defendant created or had actual or constructive notice of the puddle, thus precluding the imposition of liability (see, Sanchez-Acevedo v. Mariott Health Care Serv., 270 A.D.2d 244, 707 N.Y.S.2d 118;  Paciello v. May Dept. Stores, 263 A.D.2d 533, 694 N.Y.S.2d 96;  Dwoskin v. Burger King Corp., 249 A.D.2d 358, 671 N.Y.S.2d 494).

The plaintiffs' remaining contentions are without merit.

MEMORANDUM BY THE COURT.