CORRIDAN v. PUBLIC ADMINISTRATOR OF SUFFOLK COUNTY (2008)

In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated January 17, 2008, as, in effect, granted that branch of the plaintiffs' motion which was for summary judgment on the issue of the negligence of the defendant's decedents.

ORDERED that the order is affirmed insofar as appealed from, with costs.

On February 14, 2003, the injured plaintiff was injured when she allegedly slipped and fell on ice that had accumulated on a wheelchair ramp used as a means of ingress and egress to the defendant's decedents' house.   On their motion for summary judgment, the plaintiffs demonstrated their prima facie entitlement to judgment on the issue of the negligence of the defendant's decedents (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572), by establishing that the decedents had constructive notice of a dangerous condition on their property that caused the injured plaintiff's injuries (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837, 501 N.Y.S.2d 646, 492 N.E.2d 774).   The plaintiffs submitted evidence demonstrating that for at least one year prior to the date of the accident, a gutter on the roof of the house drained water through a pipe directly onto the area of the ramp where the injured plaintiff slipped and fell (cf. Mondello v. DiStefano, 16 A.D.3d 637, 639, 792 N.Y.S.2d 177).   In response, the defendant failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d at 324, 508 N.Y.S.2d 923, 501 N.E.2d 572).

The defendant's remaining contentions are either improperly raised for the first time on appeal or without merit.