Majority
p. 940Anne Rose Loiacono, Appellant, v Quattro Piu, Inc., Doing Business as Pomodorino Restaurant, et al., Respondents. [919 NYS2d 87]
The plaintiff commenced this action to recover damages for
p. 941
personal injuries she allegedly sustained after tripping over a step at the defendants’ restaurant. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the alleged condition which caused the plaintiff to fall was open and obvious and not inherently dangerous (see Weiss v Half Hollow Hills Cent. School Dist., 70 AD3d 932 , 933 [2010]; Ramos v Cooper Invs., Inc., 49 AD3d 623 , 624 [2008]; Pirie v Krasinski, 18 AD3d 848 , 849 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 , 324 [1986]). Accordingly, the Supreme Court properly awarded the defendants summary judgment dismissing the complaint. Mastro, J.E, Chambers, Lott and Cohen, JJ., concur.
Cases cited
- Weiss v. Half Hollow Hills Central School District 70 AD3d 932 at 933 p. 941
- Alvarez v. Prospect Hospital 68 NY2d 320 at 324 p. 941