Staircase Slip‑and‑Fall: NY Court Grants Summary Judgment for Building Owners
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.
Plaintiff failed to raise a triable issue of fact. The stairway was an “integral” part of the defendants’ premises (see Piluso v 212 Realty Co., 49 AD3d 375 [1st Dept 2008]). However, plaintiff did not submit evidence sufficient to raise an issue as to whether the condition that allegedly caused her to fall—a piece of wood stuck between the treads—was open and obvious or inherently dangerous (see Russo v 205 E. 77, LLC, 137 AD3d 552 [1st Dept 2016]; see also McKnight v. Wal-Mart Stores, Inc., 99 A.D.3d 1066 [3d Dept 2012]). Nor did plaintiff raise an issue of fact as to whether defendants had actual or constructive notice of the allegedly hazardous condition (see Perez v Bronx Park S. Assoc., 87 AD3d 610 [1st Dept 2011]; see also Brunchey v. Clement, 247
