Mejia v. 110 William, LLC

• Decision Date: 01 June 2021
• Docket Number: Case No. 2020-04399,13973,Index No. 302847/14
• Citation: 144 N.Y.S.3d 578 (Mem)
• Court: New York Supreme Court — Appellate Division
• Parties: Lissette MEJIA, Plaintiff–Appellant, v. 110 WILLIAM, LLC, et al., Defendants–Respondents.

144 N.Y.S.3d 578 (Mem)

Lissette MEJIA, Plaintiff–Appellant,

v.110 WILLIAM, LLC, et al., Defendants–Respondents.

13973

Index No. 302847/14

Case No. 2020-04399

Supreme Court, Appellate Division, First Department, New York.

ENTERED June 1, 2021

Sacco & Fillas, LLP, Astoria (Alexander Berger of counsel), for appellant.

Gallo Vitucci Klar LLP, New York (Andrew C. Kaye of counsel), for respondents.

Kern, J.P., Moulton, Gonza´lez, Scarpulla, JJ.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about January 7, 2020, which granted defendant Swig Burris Equities, LLC's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Plaintiff's testimony that her job responsibilities as a cleaner for the building managed by defendant Swig included cleaning soap spills when she mopped the bathroom floor is fatal to her claim that Swig negligently permitted the subject floor "to be and become wet, slippery, saturated with soap and/or soap suds" ( Jackson v. Board of Educ. of City of N.Y., 30 A.D.3d 57, 63, 812 N.Y.S.2d 91 [1st Dept. 2006] ; see also Black v. Wallace Church Assoc., 147 A.D.3d 668, 669, 46 N.Y.S.3d 891 [1st Dept. 2017] ; Imtanios v. Goldman Sachs, 44 A.D.3d 383, 385–386, 843 N.Y.S.2d 569 [1st Dept. 2007], lv dismissed 9 N.Y.3d 1028, 852 N.Y.S.2d 11, 881 N.E.2d 1198 [2008] ).

In light of the foregoing, we need not reach plaintiff's remaining arguments.