Rosario v. Bronx Park South III Associates, L.P.

Defendant’s evidence established prima facie that it had no constructive notice of the alleged wet condition that caused plaintiff to slip and fall. In opposition, plaintiffs failed to raise a triable issue of fact. The assertion of the injured plaintiff’s husband that he had observed water accumulate in the lobby of defendant’s building when it rained, including on the date of plaintiffs accident, raised no more than a general awareness that the floor became wet during inclement weather, which is insufficient to establish constructive notice of the specific condition causing her injury (see…