OVED v. TAUBER

The motion was properly granted based upon the deposition testimony of defendant's property manager that there was no snow or ice in the driveway where plaintiff fell at the time of the accident, and the absence of any evidence that defendant or its property manager had actual or constructive notice of the patch of ice that allegedly caused plaintiff's fall ( see Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.