WENDY TEJADA, plf-res, v. SCHUMAN PROPERTIES, LLC, def, OCTAVIO RAPOSO, ET AL., def-app

24461/13E. WENDY TEJADA, plf-res, v. SCHUMAN PROPERTIES, LLC, def, OCTAVIO RAPOSO, ET AL., def-app — Gladstein Keane & Partners PLLC, New York (Thomas F. Keane of counsel), for ap — Law Offices of Michael S. Lamonsoff, PLLC, New York (Joseph E. Gorczyca of counsel), for res — Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered February 5, 2016, which denied defendants Octavio Raposo and Heights Condominium’s motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint as against defendants Octavio Raposo and Heights Condominium.

When opposing summary judgment, plaintiff abandoned her claim that her injuries were caused by standing water on the exterior stairs of a building allegedly owned and managed by defendants, calling the claim a “non-issue,” and relying solely on the complaint’s allegation that there was no handrail on the stairs to prevent her from falling. Even if the claim was not abandoned, plaintiff does not claim that defendants had actual notice of a dangerous water condition, and defendants made an unrebutted prima facie showing that they did not have constructive notice of any water on the steps where plaintiff fell (see Gordon v. American Museum of Natural History, 67 NY2d 836, 837 [1986]).