Santana v Emerald 85-87 Vermilyea, LLC

Holding The Appellate Division affirmed the summary judgment dismissing the plaintiff’s complaint because the defendants established they lacked actual or constructive notice of the defect. The plaintiff failed to raise a triable issue of fact, as his affidavits contradicted his deposition testimony and his post-filing allegations regarding handrails were untimely.

The court’s words

defendants established prima facie that they were entitled to summary judgment, as they sustained their initial burden of demonstrating that they did not cause, create, or have actual or constructive notice of a defect

2026 NY Slip Op 06266, at the official text

plaintiff failed to raise a triable issue of fact. After the note of issue was filed plaintiff made unpleaded allegations that the staircase's handrails and tread widths did not comply with the applicable code

2026 NY Slip Op 06266, at the official text

plaintiff's wife stated in her affidavit that portions of the subject step "were loose" and needed repair eight months before the accident, but this testimony directly conflicts with plaintiff's earlier deposition testimony

2026 NY Slip Op 06266, at the official text