Kovelsky v. City University of New York
| Decision Date | 21 November 1995 |
| Citation | 221 A.D.2d 234,634 N.Y.S.2d 1 |
| Parties | Damon KOVELSKY, an Infant, by His Mother and Natural Guardian, Gloria Kovelsky, Plaintiff-Appellant, v. The CITY UNIVERSITY OF NEW YORK, Defendant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
M. Rubenstein, for plaintiff-appellant.
V. Stuart, for defendant-respondent.
Before MURPHY, P.J., and SULLIVAN, WALLACH, ROSS and WILLIAMS, JJ.
Judgment, Court of Claims (Albert Blinder, J.), entered January 26, 1994, which upon a grant of defendant's motion to dismiss, made at the conclusion of the nonjury trial, dismissed the claim, unanimously affirmed, without costs.
Claimant failed to establish that defendant had created a dangerous condition, or had constructive or actual knowledge that there was moisture on the second floor of the building and that defendant could have prevented the condition through reasonable care (Miller v. Gimbel Bros., 262 N.Y. 107, 186 N.E. 410).
Defendant was not required to cover all of its floors with mats, nor to continuously mop up all moisture resulting from tracked-in, melting snow (Seiden v. National Commercial Bank & Trust, 57 Misc.2d 132, 291 N.Y.S.2d 68). Here, the discovery of the wet floor was essentially contemporaneous with the accident itself (Boccaccino v. Our Lady of Pity R.C. Church, 18 A.D.2d 1055, 238 N.Y.S.2d 911).
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...to situations, where, as here, an accident resulted from moisture tracked indoors. The court in Kovelsky v. City University of New York, 221 A.D.2d 234, 634 N.Y.S.2d 1 (1st Dept.1995) held that no duty arises until a storm ceases and a landowner has a reasonable opportunity to discover or c......
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...Home, 248 A.D.2d 687, 671 N.Y.S.2d 275; accord, Miller v. Gimbel Bros, Inc., supra, at 108-109, 186 N.E. 410; Kovelsky v. City Univ. of N.Y., 221 A.D.2d 234, 235, 634 N.Y.S.2d 1; cf., Harper v. United States, 949 F.Supp. 130, 134 (E.D.N.Y. Measured against the foregoing principles, it is cl......
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