Opinion
2014-08-20
Jennifer FIORE, appellant, v. DEBERBIERI ASSOCIATES, INC., et al., respondents.
Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellant. Bello & Larkin, Hauppauge, N.Y. (Robert X. Larkin of counsel), for respondents.
Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellant. Bello & Larkin, Hauppauge, N.Y. (Robert X. Larkin of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated February 22, 2013, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The defendants made a prima facie showing of their entitlement to judgment as a matter of law through the deposition testimony of the plaintiff and the defendants' representative. The testimony established that the condition over which the plaintiff tripped was open and obvious and not inherently dangerous ( see Bouton v. City of Newburgh, 113 A.D.3d 715, 715, 978 N.Y.S.2d 870;Capasso v. Village of Goshen, 84 A.D.3d 998, 999–1000, 922 N.Y.S.2d 567;Ramos v. Cooper Invs., Inc., 49 A.D.3d 623, 624, 854 N.Y.S.2d 149;Colao v. Community Programs Ctr. of Long Is., Inc., 29 A.D.3d 723, 724, 814 N.Y.S.2d 747;Matone v. DGM Partners Rye Ltd. Partnership, 6 A.D.3d 585, 586, 774 N.Y.S.2d 814;see also Nunez–Wilson v. Carmo Realty, 85 A.D.3d 888, 925 N.Y.S.2d 342). In opposition, the plaintiff failed to raise a triable issue of fact ( see Matone v. DGM Partners Rye Ltd. Partnership, 6 A.D.3d at 586, 774 N.Y.S.2d 814). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. BALKIN, J.P., AUSTIN, LaSALLE and BARROS, JJ., concur.