Open Staircase, No Notice: NY Court Dismisses Slip-and-Fall Suit
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 Juan v. Shell Oil Co., 46 A.D.3d 363 [1st Dept 2007]). There is no evidence raising an issue of fact as to whether defendants had actual or constructive notice of any dangerous or defective condition on the stairway (see Perez v. Bronx Park S. Assoc., 81 A.D.3d 433 [1st Dept 2011]; Ayala v. Stop & Shop Supermarket Co., LLC, 2011 NY Slip Op 30092[U] [Sup
