Steed v. MVA Enters., LLC
| Decision Date | 10 February 2016 |
| Parties | Monica STEED, appellant, v. MVA ENTERPRISES, LLC, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
136 A.D.3d 793
26 N.Y.S.3d 98
Monica STEED, appellant,
v.
MVA ENTERPRISES, LLC, et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 10, 2016.
Gary E. Rosenberg, P.C., Fresh Meadows, N.Y., for appellant.
Abrams, Gorelick, Friedman & Jacobson, LLP, New York, N.Y. (Steven DiSiervi and Bryan Goldstein of counsel), for respondents.
RANDALL T. ENG, P.J., WILLIAM F. MASTRO, JEFFREY A. COHEN, and ROBERT J. MILLER, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated March 19, 2015, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.
The plaintiff allegedly was injured when she fell while attending a party on the defendants' premises. She testified at her deposition that the defendants directed guests to go out to the rear parking lot to smoke. She testified that the area was very dark, and was strewn with pebbles, sticks, and rocks. The plaintiff fell when something got caught between her heel and
the rest of her shoe. She couldn't see what she fell on because it was so dark. After the accident, the plaintiff commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that the parking lot was not in a defective condition, that the plaintiff was unable to identify the cause of her fall, and that they did not create any hazardous conditions or have actual or constructive notice thereof. The Supreme Court granted the motion, and the plaintiff appeals.
"In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its existence" (Lezama v. 34–15 Parsons Blvd., LLC, 16 A.D.3d...
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...the landowner affirmatively created the condition or had actual or constructive notice of its existence" ( Steed v. MVA Enters., LLC, 136 A.D.3d 793, 794, 26 N.Y.S.3d 98 [internal quotation marks omitted]; Mowla v. Baozhu Wu, 195 A.D.3d at 707, 145 N.Y.S.3d 368 [internal quotation marks omi......
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