Opinion
2003-03625.
Decided April 19, 2004.
In an action to recover damages for personal injuries, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Schulman, J.), dated March 28, 2003, as denied its cross motion for summary judgment dismissing the third-party complaint.
Cullen and Dykman Bleakley Platt, LLP, Brooklyn, N.Y. (Patrick Neglia of counsel), for third-party defendant-appellant.
Abbott Bushlow Schechner, LLP, Ridgewood, N.Y. (Alan L. Bushlow of counsel), for plaintiff.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly sustained personal injuries when he tripped and fell over a gas pipe protruding from the sidewalk. The appellant, who installed the pipe, cross-moved for summary judgment dismissing the third-party complaint on the ground that the pipe was an open and obvious condition. The Supreme Court denied the cross motion. We affirm.
In support of its cross motion, the appellant failed to demonstrate, as a matter of law, that the pipe was open and obvious and not inherently dangerous ( see Grgich v. City of New York, 2 A.D.3d 680; Cupo v. Karfunkel, 1 A.D.3d 48, 52; Tulovic v. Chase Manhattan Bank, 309 A.D.2d 923). Thus, the Supreme Court properly denied the cross motion for summary judgment dismissing the third-party complaint.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.