Guerin v. City of N.Y

Full title: SHELIA GUERIN et al., Appellants, v. CITY OF NEW YORK et al., Respondents

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

Date published: Jul 25, 2006

31 A.D.3d 708 (N.Y. App. Div. 2006)

2006 N.Y. Slip Op. 5912

818 N.Y.S.2d 476

Opinion

2005-07837.

July 25, 2006.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated June 22, 2005, which granted the defendants' motion for summary judgment dismissing the complaint.

Before: Florio, J.P., Krausman, Mastro and Dillon, JJ., concur.

Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint, the defendants demonstrated, prima facie, that the alleged dangerous condition at issue was both open and obvious and, as a matter of law, not inherently dangerous ( see e.g. Pirie v Krasinski, 18 AD3d 848; Webber v Miller, 17 AD3d 352; Behar v All Seasons Motor Lodge, 6 AD3d 639). In opposition, the plaintiffs failed to raise a triable issue of fact. Thus, the motion was properly granted.