Exterior Stair Slip-and-Fall: NY Court Finds No Duty to Warn for Open and Obvious Condition
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 an issue of fact. The stairway was an exterior stairway, open and obvious, and in plain view. There was no duty to warn of an open and obvious condition (see Tagle v Jakob, 97 NY2d 165 [2001]). The affirmed order makes clear that property owners have no liability for injuries from conditions that are readily observable by reasonable use of senses.
Concur — Tom, J.P., Andrias, Moskowitz, Freedman, JJ.
