First Department Affirms Summary Judgment in Exterior Staircase Slip-and-Fall Case
NY Slip Op 2016-XXXX
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 Tagle v. Jakobson, 97 N.Y.2d 165, 169 [2001]; Russo v. YMCA of Greater N.Y., 127 A.D.3d 413 [1st Dept 2015]). There is no triable issue of fact as to whether defendants had notice of any dangerous condition on the stairway (see Perez v. Bronx Park S. Assoc., 78 A.D.3d 539, 540 [1st Dept 2011]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
