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EARLENE JENKINS, plf-ap, v. RISING DEVELOPMENT-BPS, LLC, def-res

9818. EARLENE JENKINS, plf-ap, v. RISING DEVELOPMENT-BPS, LLC, def-res — Law Offices of Alan M. Greenberg, P.C., New York (Robert J. Menna of counsel), for ap — Milber Makris Plousadis & Seiden, LLP, White Plains (David C. Zegarelli of counsel), for res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered October 10, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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9818. EARLENE JENKINS, plf-ap, v. RISING DEVELOPMENT-BPS, LLC, def-res — Law Offices of Alan M. Greenberg, P.C., New York (Robert J. Menna of counsel), for ap — Milber Makris Plousadis & Seiden, LLP, White Plains (David C. Zegarelli of counsel), for res — Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered October 10, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established its entitlement to judgment as a matter of law in this action where plaintiff alleges that she fell on a patch of gray, bumpy ice, located under one to two inches of fresh snow on the sidewalk adjacent to defendant’s building. Defendant demonstrated that it lacked actual or constructive notice of the icy condition by submitting the testimony of its property manager who stated that she was present at the subject location the night before plaintiff’s fall shortly after it began to snow; that she oversaw snow removal; and that when she left the location, there was no snow or ice on the sidewalk and salt had been applied (see Herrera v. E. 103rd St. & Lexington Ave. Realty Corp., 95 AD3d 463 [1st Dept 2012]; see also Disla v. City of New York, 65 AD3d 949 [1st Dept 2009]).

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