FLORES v. LANGSAM PROPERTY SERV. CORP., 13 N.Y.3d 811 (2009)

2009 NY Slip Op 07456, 918 N.E.2d 944, 890 N.Y.S.2d 432

EVA FLORES, Appellant, v. LANGSAM PROPERTY SERVICES CORP. et al., Respondents.

No. 207 SSM 39.Court of Appeals of the State of New York.
Decided October 20, 2009.

APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 11, 2009. The Appellate Division, with two Justices dissenting, (1) reversed, on the law, an order of the Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), which, insofar as appealed from, had denied defendants’ motion for summary judgment dismissing the complaint, and (2) granted the motion.

Plaintiff tenant allegedly sustained injuries when her shower suddenly and without warning sprayed her with scalding hot water.

The Appellate Division concluded that plaintiff failed to rebut defendants’ prima facie showing that they had no notice of the defective condition or that they had no duty to inspect for a spontaneous occurrence.

Flores v Langsam Prop. Servs. Corp., 63 AD3d 502, affirmed.

Raymond Schwartzberg Associates, PLLC, New York City (Steven I. Brizel of counsel), for appellant.

McMahon, Martine Gallagher, LLP, Brooklyn (Patrick W. Brophy of counsel), for respondents.

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Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.

Plaintiff failed to raise a triable issue of fact regarding defendants’ actual or constructive notice of the particular dangerous condition that allegedly caused her injuries (see Gordon v American Museum of Natural History, 67 NY2d 836, 838 [1986]).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.