Open Stairway, No Notice: NY Court Grants Summary Judgment in Slip-and-Fall Case
NY Slip Op 2016-XXXX
No. 2015-XXXX
The People of the State of New York, Respondent,
-against-
Crypto Exchange Inc., Appellant.
Defendant appeals from a judgment of the Supreme Court, New York County (Nancy M. Bannon, J.), rendered January 6, 2016, convicting defendant, after a nonjury trial, of scheme to defraud in the first degree and falsifying business records in the first degree, and imposing sentence.
The order of the Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about January 6, 2016, which granted defendants’ motion for summary judgment dismissing the complaint in this action alleging personal injuries arising from plaintiff’s fall on an exterior stairway attached to defendants’ building, unanimously affirmed, without costs.
Defendants established entitlement to judgment as a matter of law. Plaintiff alleges that he sustained personal injuries when he fell on an exterior stairway attached to defendants’ building on August 15, 2013. The stairway was open and obvious, and plaintiff failed to allege any facts demonstrating that defendants had notice of any dangerous or defective condition on the stairway. There are no triable issues of fact.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
Entered January 6,
