Gifford v Commerce Bank
2012 NY Slip Op 01189 [92 AD3d 539]
February 16, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Longina Gifford, as Administratrix of the Estate of Thomas Markoski, Deceased, Respondent,
v
Commerce Bank et al., Appellants.

—[*1] White and Williams LLP, New York (Michael J. Kozoriz of counsel), for Commerce Bank, appellant.

Gallo Vitucci & Klar, LLP, New York (Kimberly A. Ricciardi of counsel), for First Quality Maintenance, L.P., appellant.

Greenstein & Milbauer, LLP, New York (Andrew Bokar of counsel), for respondent.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 14, 2011, which, in an action for personal injuries, denied defendants' motions for summary judgment dismissing the complaint and all cross claims as against them, unanimously reversed, on the law, without costs, and the motion granted.

Defendants' motions for summary judgment should have been granted because they demonstrated that they lacked actual or constructive notice of the alleged dangerous condition, and plaintiff's decedent's deposition testimony was insufficient to raise a triable issue of fact as to whether the cleaning contractor caused or created the condition. Concur—Friedman, J.P., Sweeny, Renwick, DeGrasse and RomÁn, JJ.