Ezzo v. 2102 UNION BLVD. INC.

• Decision Date: 26 December 2000
• Citation: 278 A.D.2d 447,717 N.Y.S.2d 922
• Court: New York Supreme Court — Appellate Division
• Parties: RALPH EZZO, Appellant,<BR>v.<BR>2102 UNION BLVD. INC., et al., Respondents.

278 A.D.2d 447

717 N.Y.S.2d 922

RALPH EZZO, Appellant,

v.2102 UNION BLVD. INC., et al., Respondents.

Decided December 26, 2000.

Ritter, J.P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action seeking damages for injuries allegedly sustained in a trip-and-fall accident. However, in opposition to the defendants' prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact that the defendants either created, or had actual or constructive notice of, the alleged dangerous condition at issue (see, Gordon v Waldbaum, Inc., 231 AD2d 673). Thus, judgment was properly entered in favor of the defendants.

The plaintiff's remaining contention is without merit.