JORDAN v. IRWIN 774

Reset A A Font size: Print

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

Linda JORDAN, et al., Plaintiffs-Appellants, v. William E. IRWIN Jr. Post No. 774, Inc. American Legion, etc., Defendant-Respondent.

Decided: June 14, 2001

NARDELLI, J.P., TOM, ELLERIN, BUCKLEY and MARLOW, JJ. Jana Sperry, for Plaintiffs-Appellants. Louis H. Liotti, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered November 29, 1999, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff allegedly slipped and fell on a puddle of beer in the main area of defendant American Legion Hall where party guests were dancing.   Defendant moved for summary judgment dismissing the complaint on the ground that it had no actual or constructive notice of the alleged dangerous condition.   Plaintiff's claim that a general dangerous condition might exist because party guests were carrying their drinks on a dance floor is legally insufficient to raise an issue as to defendant's actual or constructive notice of the specific hazard that caused plaintiff's accident (see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969, 622 N.Y.S.2d 493, 646 N.E.2d 795;  see also, Winecki v. W. Seneca Post 8113, Inc., 227 A.D.2d 978, 643 N.Y.S.2d 292).