BETTY RAINEY, plf-ap, v. FRAWLEY PLAZA, LLC def-res

11282. BETTY RAINEY, plf-ap, v. FRAWLEY PLAZA, LLC def-res — FRAWLEY PLAZA, LLC Third-Party plf-res, v. IVERAGH CONSTRUCTION CORP., Third-Party def-res — Mitchell Dranow, Sea Cliff, for ap — Smith, Mazure, Director, Wilkins, Young & Yagerman, P.C., New York (Louise M. Cherkis of counsel), for Frawley Plaza, LLC., Putnam Holding Corp. and UA Development Corp., res — Cascone & Kluepfel, LLP, Garden City (Michael T. Reagan of counsel), for Iveragh Construction Corp., res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered January 11, 2013, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was appropriate in this action where plaintiff was injured when she allegedly slipped and fell on dust while descending stairs in the lobby of the building in which she lived. Defendants Frawley Plaza, LLC, Putnam Holding Corp., and UA Development Corp. were the owners and property managers of the building, and Iveragh Construction Corp. was performing renovations in the building. Defendants submitted evidence that they lacked notice of the allegedly defective condition by showing that the twice-daily cleaning schedule of the lobby was followed on the day of and the day before plaintiff’s fall (see Rodriguez v. New York City Hous. Auth., 102 AD3d 407 [1st Dept 2013]).