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Terranova v. Staten Is. University Hosp

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2008
57 A.D.3d 765 (N.Y. App. Div. 2008)

Opinion

No. 2008-02099.

December 16, 2008.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated January 29, 2008, which denied its motion for summary judgment dismissing the complaint.

Patrick F. Adams, P.C., Bayshore, N.Y. (Frank Cali and Gary A. Pagliarello of counsel), for appellant.

Ameduri, Galante Friscia, Staten Island, N.Y. (Marvin Ben-Aron of counsel), for respondent.

Before: Spolzino, J.P., Florio, Carni and Leventhal, JJ. concur.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

A landowner is under no duty to protect or warn against an open and obvious condition, which, as a matter of law, is not inherently dangerous ( see Fitzgerald v Sears, Roebuck Co., 17 AD3d 522; Orlando v Audax Constr. Corp., 14 AD3d 500; Capozzi v Huhne, 14 AD3d 474; Jang Hee Lee v Sung Whun Oh, 3 AD3d 473; Cupo v Karfunkel, 1 AD3d 48). Here, the plaintiff allegedly was injured when she tripped on the footrest of a wheelchair in a hospital room. The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the presence of the wheelchair was open and obvious, known to the plaintiff, and not inherently dangerous ( see Mastellone v City of New York, 29 AD3d 540; Fitzgerald v Sears, Roebuck Co., 17 AD3d at 522; Weiner v Saks Fifth Ave., 266 AD2d 390; Lamia v Federated Dept. Stores, 263 AD2d 498; Sewer v Fat Albert's Warehouse, 235 AD2d 414). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact ( see Alvarez v Prospect Hosp., 68 NY2d 320). Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint.


Summaries of

Terranova v. Staten Is. University Hosp

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2008
57 A.D.3d 765 (N.Y. App. Div. 2008)
Case details for

Terranova v. Staten Is. University Hosp

Case Details

Full title:ARLENE TERRANOVA, Respondent, v. STATEN ISLAND UNIVERSITY HOSPITAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 2008

Citations

57 A.D.3d 765 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9984
870 N.Y.S.2d 84

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