New York Court Grants Summary Judgment in Stairwell Slip-and-Fall Case: Public Way Defense Prevails
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 an issue of fact. The stairway was an appurtenance to the public sidewalk and thus a public way (see Romano v. Alesi, 104 A.D.3d 773 [2d Dept 2013]). Even if it were not a public way, plaintiff did not demonstrate that defendants had notice of any dangerous or defective condition (see Perez v. Bronx Park S. Assoc., 78 A.D.3d 538 [1st Dept 2010]; see also Gradford v. New York City Hous. Auth., 94 A.D.3d 594 [1st Dept 2012]).
