INMACULADA PEREZ, plf-res, v. ABBEY ASSOCIATES CORPORATION, ET AL., def-ap

9382. INMACULADA PEREZ, plf-res, v. ABBEY ASSOCIATES CORPORATION, ET AL., def-ap — Scher & Scher, P.C., Great Neck (Robert A. Scher of counsel), for ap — Sheldon J. Tashman, P.C., New York (Sheldon J. Tashman of counsel), for res — Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered July 7, 2011, denying defendants’ motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff testified at her deposition that she slipped and fell on rainwater on an outdoor staircase leading to the basement garbage disposal area. She stated that she did not see any dangerous or unsafe conditions on the steps, other than the rainwater. Defendants made a prima facie showing that it was raining until approximately one hour before the accident, and the building superintendent stated that there were no violations relating to the stairs. Defendants sustained their burden of demonstrating that they neither caused nor created the condition which was the proximate cause of plaintiff’s injuries (see Brewer v. Stonehill & Taylor Architects, 93 AD3d 462 [1st Dept 2012]).