Opinion
2012-12-27
Nicholas CASSIZZI, et al., Plaintiffs–Appellants, v. FORDHAM UNIVERSITY, Defendant–Respondent.
Michael A. Russo, White Plains (Christopher Riley of counsel), for appellants. Harrington, Ocko & Monk, LLP, White Plains (Dawn M. Foster of counsel), for respondent.
Michael A. Russo, White Plains (Christopher Riley of counsel), for appellants. Harrington, Ocko & Monk, LLP, White Plains (Dawn M. Foster of counsel), for respondent.
Order, Supreme Court, Bronx County (Lizbeth González, J.), entered April 10, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Dismissal of the complaint was warranted in this action for personal injuries sustained by plaintiff Nicholas Cassizzi when, while descending stairs within a building on defendant's campus, he fell down the stairs. Although any alleged inconsistency in plaintiff's deposition testimony as to how the accident occurred, and whether his foot touched the stair before he fell, raised issues of credibility that are for a trier of fact ( see Cuevas v. City of New York, 32 A.D.3d 372, 373, 821 N.Y.S.2d 37 [1st Dept. 2006];Francis v. New York City Tr. Auth., 295 A.D.2d 164, 744 N.Y.S.2d 9 [1st Dept. 2002] ), the photographs of the subject stair and the affidavit of plaintiff's expert demonstrate that the defect in the stair was trivial.
Further, plaintiff failed to present evidence indicating that the “defect presented a significant hazard, notwithstanding its minimal dimension, by reason of location, adverse weather or lighting conditions, or other circumstances giving it the characteristics of a trap or snare” ( Gaud v. Markham, 307 A.D.2d 845, 764 N.Y.S.2d 241 [1st Dept. 2003];see Cintron v. New York City Tr. Auth., 77 A.D.3d 410, 411, 908 N.Y.S.2d 190 [1st Dept. 2010] ).
We have considered plaintiff's remaining contentions and find them unavailing.