Open Staircase, No Liability: NY Court Dismisses Slip-and-Fall Claim
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 an “open and obvious” condition that was not inherently dangerous, and plaintiff failed to raise an issue of fact (see Tagle v. Jakobson, 97 N.Y.2d 165, 169 [2001]; Russo v. City of New York, 258 A.D.2d 149, 151 [1st Dept 1999]).
Publication Date: January 6, 2016
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