Opinion
May 2, 2000.
Judgment, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 11, 1999, which, upon the grant of defendant's motion to set aside the jury verdict for failure to set forth a prima facie case, dismissed the complaint, unanimously affirmed, without costs.
Robert B. Marcus, for Plaintiff-Appellant.
Edward J. McNenney, for Defendant-Respondent.
SULLIVAN, P.J., ROSENBERGER, WILLIAMS, WALLACH, BUCKLEY, JJ.
Even if as claimed by plaintiff, the wetness, caused by tracked-in melting snow, on which plaintiff slipped and fell in defendant's apartment building lobby, was of sufficient accumulation to constitute a dangerous condition, plaintiff failed to establish that defendant had actual or constructive notice of the condition that caused her fall (see, Piacquadio v. Recine Realty, 84 N.Y.2d 967; Allen v. Brooks, 246 A.D.2d 438; Puryear v. New York City Hous. Auth., 255 A.D.2d 138).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.