Jenkins v. Rising Development-BPS, LLC

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered October 10, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established its entitlement to judgment as a matter of law in this action where plaintiff alleges that she fell on a patch of gray, bumpy ice, located under one to two inches of fresh snow on the sidewalk adjacent to defendant’s building. Defendant demonstrated that it lacked actual or constructive notice of the icy condition by submitting the testimony of its property manager who…