Appellate Court Affirms Summary Judgment for Defendants in NYC Exterior Staircase Slip-and-Fall
NY Slip Op 2024-XXXX
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 in opposition. The record establishes that defendants neither created the allegedly defective condition nor had actual or constructive notice of it (see Rodriguez v. City of NY, 20 A.D.3d 327 [1st Dept 2005]). The stairway was open and obvious and not inherently dangerous (see Russo v. New York, 258 A.D.2d 152 [1st Dept 1999]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
