Opinion
2012-04-24
Jorge BITTAR, et al., Plaintiffs–Appellants, v. NEW GROWING, INC., et al., Defendants–Respondents.
Kenneth J. Ready & Associates, Mineola (Kenneth J. Ready of counsel), for appellants. Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondents.
Kenneth J. Ready & Associates, Mineola (Kenneth J. Ready of counsel), for appellants. Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondents.
Order, Supreme Court, New York County (Jane S. Solomon, J.), entered March 14, 2011, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established their entitlement to judgment as a matter of law in this action where plaintiff fell after exiting the restroom in defendants' restaurant. There was a single step that separated the dining area from where the restroom was located. Plaintiff was unable to identify what caused his fall, and he testified that the lighting conditions were adequate. Moreover, defendants demonstrated that the subject step was not inherently dangerous and there were several signs warning of the drop ( see Remes v. 513 W. 26th Realty, LLC, 73 A.D.3d 665, 666, 903 N.Y.S.2d 8 [2010]; Broodie v. Gibco Enters., Ltd., 67 A.D.3d 418, 888 N.Y.S.2d 32 [2009] ).
Plaintiff's opposition failed to raise a triable issue of fact. The record does not support plaintiff's argument that the step created “optical confusion” ( see Langer v. 116 Lexington Ave., Inc., 92 A.D.3d 597, 599, 939 N.Y.S.2d 370 [2012]; compare Saretsky v. 85 Kenmare Realty Corp., 85 A.D.3d 89, 924 N.Y.S.2d 32 [2011] ).