Opinion
310 CA 18–02007
07-31-2019
Michel SAVOIE and Jennifer Savoie, Plaintiffs–Appellants, v. Paul C. GIGLIOTTI, John A. Martino, Trebros Inc., and Trebros Inc., Doing Business as Mister B's Restaurant & Tavern, Defendants–Respondents.
PAUL WILLIAM BELTZ, P.C., BUFFALO (WILLIAM A. QUINLAN OF COUNSEL), FOR PLAINTIFFS–APPELLANTS. WALSH, ROBERTS & GRACE LLP, BUFFALO (MARK P. DELLA POSTA OF COUNSEL), FOR DEFENDANTS–RESPONDENTS PAUL C. GIGLIOTTI AND JOHN A. MARTINO. THERESA L. PREZIOSO, PLLC, NIAGARA FALLS (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANTS–RESPONDENTS TREBROS INC. AND TREBROS INC., DOING BUSINESS AS MISTER B'S RESTAURANT & TAVERN.
PAUL WILLIAM BELTZ, P.C., BUFFALO (WILLIAM A. QUINLAN OF COUNSEL), FOR PLAINTIFFS–APPELLANTS.
WALSH, ROBERTS & GRACE LLP, BUFFALO (MARK P. DELLA POSTA OF COUNSEL), FOR DEFENDANTS–RESPONDENTS PAUL C. GIGLIOTTI AND JOHN A. MARTINO.
THERESA L. PREZIOSO, PLLC, NIAGARA FALLS (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANTS–RESPONDENTS TREBROS INC. AND TREBROS INC., DOING BUSINESS AS MISTER B'S RESTAURANT & TAVERN.
PRESENT: SMITH, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Supreme Court properly granted defendants' respective motions for summary judgment dismissing the complaint against them in this negligence action, which stems from plaintiff Michel Savoie's fall down a staircase at defendants' restaurant. Defendants demonstrated their prima facie entitlement to judgment as a matter of law by showing that they maintained the subject staircase and surrounding area in a reasonably safe condition, and plaintiffs failed to raise a triable issue of fact in opposition (see Oehler v. Diocese of Buffalo , 277 A.D.2d 967, 968, 716 N.Y.S.2d 849 [4th Dept. 2000] ). Because the staircase and its environs were reasonably safe, defendants had no duty to warn upon which liability could be predicated (see Plis v. North Bay Cadillac , 5 A.D.3d 578, 578, 773 N.Y.S.2d 451 [2d Dept. 2004] ; see generally Christmann v. Murphy , 226 A.D.2d 1069, 1070, 642 N.Y.S.2d 123 [4th Dept. 1996], lv denied 89 N.Y.2d 801, 653 N.Y.S.2d 278, 675 N.E.2d 1231 [1996] ).