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Loiacono v. Quattro Piu, Inc.

82 A.D.3d 940 Court N.Y. App. Div. Decision date 2011-03-15 English

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p. 940
Anne 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.

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