NY Court Dismisses Exterior Stairway Slip-and-Fall Case: Open and Obvious, No Proximate Cause
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 Schiff v. Clarkstown Cent. School Dist. No. 2, 6 A.D.3d 557 [2d Dept 2004]; Russo v. New York, 258 A.D.2d 350 [1st Dept 1999]). Even assuming defendants had notice of the condition, plaintiff failed to raise an issue of fact as to proximate cause (see Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308 [1980]).
