First Department Grants Summary Judgment in NYC Staircase Slip-and-Fall
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 a triable issue of fact. The record establishes that defendants neither created the allegedly defective condition nor had actual or constructive notice of it (see Rodriguez v 1430 Broadway Assoc., 306 AD3d 122 [1st Dept 2003]; Bonilla v 540 Pres. LLC, 137 AD3d 429 [1st Dept 2016]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
