First Department Affirms Summary Judgment in Slip-and-Fall on Open Exterior Stairway
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 Tagle v. Jakobson, 97 N.Y.2d 165, 169 [2001]; Russo v. Edo Corp., 147 A.D.3d 683, 684 [1st Dept. 2017]). There is no triable issue of fact. Plaintiff failed to raise a triable issue of fact in opposition (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562 [1980]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
