First Department Affirms Dismissal in Open-and-Obvious Exterior Staircase Slip-and-Fall

Wellermen Image NY Slip Op 00042

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 6, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established entitlement to judgment as a matter of law, in this action for personal injuries arising out of plaintiff’s fall on an exterior stairway attached to defendants’ building. The stairway was open and obvious and not inherently dangerous (see Piliner v. Schanzer, 175 A.D.3d 1260, 1261 [1st Dept 2019]; Santiago v. 2175-85 W. 11th St., LLC, 174 A.D.3d 538 [1st Dept 2018]). There are no triable issues of fact raised.

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

Entered January 11, 2024

Patricia Bilgore
Clerk of the Court

Similar Posts