Justice Cynthia Kern
Habib sought to recover for personal injuries he allegedly sustained when he slipped and fell on ice. Defendants 116 Central Park South Condominium and Gumley-Haft moved for summary judgment dismissal claiming they did not cause, or have actual or constructive notice of the condition on which Habib fell. 120 Owners Corp. and Cooper Square Realty cross-moved for summary judgment dismissing the complaint, alleging the accident did not occur on either of their properties. The court noted Habib gave contradictory information about whether he fell in front of 116 or 120, and his testimony regarding how the accident happened and what he fell on was inconsistent throughout the claim. It ruled 116 and Gumley established a prima facie right to summary judgment on the ground that they did not cause or have actual or constructive notice of the condition on which Habib fell. The court noted Habib failed to raise an issue of fact regarding whether 16 or Gumley caused the slippery conditions as he offered no evidence to support his speculative claim that defendants created the icy condition by the manner in which they shoveled the sidewalk. Thus, it granted the motion and cross-motion dismissing the complaint.