Opinion
1381
August 14, 2003.
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 16, 2003, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
James M. Hartmann, for plaintiff-appellant.
Kathleen D. Foley, for defendants-respondents.
Before: Andrias, J.P., Saxe, Sullivan, Ellerin, JJ.
Plaintiff, who was injured when he tripped over the concrete island surrounding the pumps at defendant gasoline station, does not claim that the island was slippery or concealed, and his expert concedes that such islands are a feature common to virtually every gas station. No issue of fact as to defendants' negligence is raised; the mere existence of the island does not give rise to liability (see Goldban v. 56thRealty, 304 A.D.2d 408, 758 N.Y.S.2d 46).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.