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GUNZBURG v. QUALITY BLDG. SERVS. CORP.

354, 115910/09.

137 A.D.3d 424 (2016)

26 N.Y.S.3d 274

2016 NY Slip Op 01438

ARLEEN GUNZBURG, Appellant-Respondent, v. QUALITY BUILDING SERVICES CORP., Respondent, and A/R RETAIL LLC et al., Respondents-Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 1, 2016.

QBS and the Related defendants established prima facie that they did not have constructive notice of the alleged dangerous condition on which plaintiff slipped and fell. "The fact that it was raining and water was being tracked in does not constitute notice of a dangerous situation"; QBS and the Related defendants "were under no obligation ... to continuously mop up all tracked-in water" (see Garcia v Delgado Travel Agency, 4 A.D.3d 204...

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