ETHEL GEORGE, plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap, CITY OF NEW YORK, def

4252. ETHEL GEORGE, plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap, CITY OF NEW YORK, def — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for ap — Arze & Mollica, LLP, Brooklyn (Raymond J. Mollica of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered January 18, 2017, which denied the motion of defendant New York City Housing Authority (NYCHA) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

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4252. ETHEL GEORGE, plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap, CITY OF NEW YORK, def — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for ap — Arze & Mollica, LLP, Brooklyn (Raymond J. Mollica of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered January 18, 2017, which denied the motion of defendant New York City Housing Authority (NYCHA) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

NYCHA established its entitlement to judgment as a matter of law by showing that it did not have actual or constructive notice of the alleged icy condition that caused plaintiff’s fall. NYCHA submitted plaintiff’s deposition testimony that she did not notice ice on the crosswalk until after she fell. NYCHA also submitted its record logs which indicated that there was no precipitation on the day of the accident, and the testimony of its supervisor of grounds that he was not aware of any complaints about the condition of the sidewalk prior to plaintiff’s fall. The supervisor also stated that he had inspected the area the day before plaintiff’s fall and did not observe any ice (see Herrera v. E. 103rd St. & Lexington Ave. Realty Corp., 95 AD3d 463 [1st Dept 2012]; Rodriguez v. 705-7 E. 179th St. Hous. Dev. Fund. Corp., 79 AD3d 518, 519-520 [1st Dept 2010]).

ETHEL GEORGE, plf-res, v. NEW YORK CITY HOUSING AUTHORITY, def-ap, CITY OF NEW YORK, def

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