In Carmona v. 40-25 Hampton, LLC, the plaintiff slipped and fell on rain water that had accumulated through an open window by a staircase in a common area of the defendant’s building. The window was accessible to anyone and the building superintendent testified that he had closed the window 2½ hours before the incident. In granting the defendant’s motion for summary judgment, the Appellate Division held that the plaintiff failed to raise a question of fact that the defendant had notice of the condition. Although the plaintiff showed that the owner had notice of other tenants routinely opening the window, this “general awareness . . . was insufficient to raise a triable issue of fact as to whether defendant had constructive notice of the wet condition in the stairway which allegedly caused the plaintiff to fall.”

Thanks to Bill Kirrane for his contribution to this post.

http://www.nycourts.gov/reporter/3dseries/2009/2009_06159.htm