OWUSU v. LSS LEASING LIMITED LIABILITY COMPANY

Reset A A Font size: Print

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

Clifford OWUSU, appellant, v. LSS LEASING LIMITED LIABILITY COMPANY, et al., respondents.

Decided: July 28, 2009

PETER B. SKELOS, J.P., STEVEN W. FISHER, ARIEL E. BELEN, and PLUMMER E. LOTT, JJ. Shanker & Shanker, P.C., New York, N.Y. (Wingate, Russotti & Shapiro, LLP [Scott A. Stern], of counsel), for appellant. Weiner, Millo & Morgan, LLC, New York, N.Y. (Alissa A. Mendys of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Agate, J.), entered September 28, 2007, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly was injured when he slipped on a potato chip bag on a “slippery” step inside the building where he worked, and fell down a flight of stairs.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they neither created nor had actual or constructive notice of the alleged dangerous conditions that caused the plaintiff to fall (see Danapas v. Temco Serv. Indus., Inc., 60 A.D.3d 614, 874 N.Y.S.2d 247).   In opposition, the plaintiff failed to raise a triable issue of fact.   The affidavit submitted by the plaintiff in opposition to the motion merely raised a feigned factual issue designed to avoid the consequences of his earlier deposition testimony (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 501 N.Y.S.2d 646, 492 N.E.2d 774;  Denicola v. Costello, 44 A.D.3d 990, 844 N.Y.S.2d 438;  Mestric v. Martinez Cleaning Co., 306 A.D.2d 449, 761 N.Y.S.2d 504;  Hartman v. Mountain Val. Brew Pub, 301 A.D.2d 570, 754 N.Y.S.2d 31).

The plaintiff's remaining contention is without merit.

Copied to clipboard