Open Staircase Not Inherently Dangerous: NY Court Grants Summary Judgment in Slip-and-Fall Case

Wellermen Image 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 Tagle v Jakob, 97 NY2d 165 [2001]; Russo v 109 Ltd. Partnership, 145 AD3d 514 [1st Dept 2016]). There are no triable issues of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT

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