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ROBIN E. BELLASSAI et al., Appellants, v. ROBERTS WESLEYAN COLLEGE, Respondent and Third-Party Plaintiff. SODEXHO MARRIOTT MANAGEMENT, INC., Third-Party Defendant-Respondent.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Robin E. Bellassai (plaintiff), an employee of third-party defendant, when she slipped and fell on the wet floor of a dining hall on defendant's campus. We conclude that Supreme Court properly granted the motion of defendant, joined in by third-party defendant, for summary judgment dismissing the complaint. Those parties met their "`burden of establishing that [defendant] did not create the dangerous condition that caused plaintiff to fall and did not have actual or constructive notice thereof'" ( Wesolek v Jumping Cow Enters., Inc., 51 AD3d 1376, 1377; see generally Fasolino v Charming Stores, 77 NY2d 847; Gordon v American Museum of Natural History, 67 NY2d 836, 837-838). "Plaintiffs' speculation with respect to the source of the [wetness] and the length of time it was on the floor is insufficient to raise a triable issue of fact" to defeat the motions ( Anthony v Wegmans Food Mkts., Inc., 11 AD3d 953, 954). Further, defendant's alleged "`general awareness' that a dangerous condition may be present [on the floor in the area of plaintiffs fall] is legally insufficient to constitute notice of the particular condition that caused plaintiffs fall" ( Piacquadio v Recine Realty Corp., 84 NY2d 967, 969; see generally Gallais-Pradal v YWCA of Brooklyn, 33 AD3d 660; Palermo v Roman Catholic Diocese of Brooklyn, N.Y., 20 AD3d 516). For the same reason, there is no merit to plaintiffs' further contention that a prior lawsuit concerning a slip-and-fall allegedly caused by wetness in a different portion of the dining hall several years before plaintiffs accident was sufficient to provide notice of the condition at issue in this case.

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BELLASSAI v. ROBERTS WESLEYAN COLLEGE
(Feb 11, 2009)