| Morrison v New York City Hous. Auth. |
| 2024 NY Slip Op 02082 [41 NY3d 1023] |
| April 18, 2024 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 21, 2024 |
| Gregory Morrison, Appellant, v New York City Housing Authority, Respondent. |
Argued March 13, 2024; decided April 18, 2024
Morrison v New York City Hous. Auth., 209 AD3d 588, affirmed.
Wiese & Aydiner PLLC, Mineola (Si Aydiner of counsel), and Pulvers, Pulvers & Thompson, LLP, New York City, for appellant.
Cullen and Dykman LLP, New York City (Diana Neyman of counsel), for respondent.
Thomas E. Liptak, Defense Association of New York, Inc. (Brendan T. Fitzpatrick, Andrew Zajac, Rona L. Platt, Matthew S. Lerner and Lisa L. Gokhulsingh of counsel), for Defense Association of New York, Inc., amicus curiae.
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff brought the instant premises liability action against defendant seeking damages for injuries he allegedly sustained when he slipped and fell on a wet substance on the stairs of an apartment building owned by defendant. Plaintiff asserts that defendant is liable because defendant negligently painted the treads on the stairs such that the treads have an inadequate coefficient of friction when wet. Because the alleged hazardous condition exists only when the stairs are wet, defendant established its prima facie entitlement to summary judgment by demonstrating that it did not affirmatively create the wet condition or have actual or constructive notice of that condition (see Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]). We agree with the Appellate Division that plaintiff failed to raise a triable issue of fact in response (see 209 AD3d 588 [1st Dept 2022]).
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.
Order affirmed, with costs, in a memorandum.
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