Summary
In Madrid v. City ofNew York, 42 N.Y.2d 1039, 399 N.Y.S.2d 205, 369 N.E.2d 761 (1977), the plaintiff was injured when she fell on the wet, uncovered terrazzo floor of a hospital entrance on a rainy morning.
Summary of this case from Spagnolia v. United StatesOpinion
Argued September 7, 1977
Decided October 6, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BAER, J.
Bernard Meyerson and Elliott A. Roberts, P.C., for appellant.
W. Bernard Richland, Corporation Counsel (Irving Cohen and L. Kevin Sheridan of counsel), for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
The facts presented in this record, assessed in the light most favorable to the plaintiff (see Sagorsky v Malyon, 307 N.Y. 584, 586), fail to reveal any evidence of notice, either actual or constructive, necessary to cast respondents in damages (e.g., Silva v American Irving Sav. Bank, 31 A.D.2d 620, affd 26 N.Y.2d 727). A light drizzle on a damp October morning preceding the five-minute interval between the opening of Bellevue Hospital's out-patient clinic and plaintiff's fall on its terrazzo entrance created neither an inherently dangerous condition nor a sufficient opportunity to remedy a dangerous situation if there had been one. In the absence of any showing of notice to or lack of due care by respondents, the courts below properly concluded that plaintiff had failed to make out a prima facie case. (See Powell v Gates-Chili Cent. School Dist., 41 N.Y.2d 827, 829; cf. Miller v Gimbel Bros., 262 N.Y. 107, 108-109.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, with costs, in a memorandum.