Opinion
564 103169/11.
03-22-2016
Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for appellants. Morrison & Wagner, LLP, New York (Eric H. Morrison of counsel), for respondent.
Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for appellants.
Morrison & Wagner, LLP, New York (Eric H. Morrison of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered February 20, 2015, which, to the extent appealed from as limited by the briefs, denied defendants Jacqueline Edwards and Jason Megson's motion for summary judgment dismissing the complaint and all cross claims against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Having dismissed the complaint as against defendants Akam Associates, Inc. and the Future Condominium on the ground that the condition over which plaintiff tripped in the hallway of her apartment building was an open, obvious and not inherently dangerous condition, the court erred in failing to dismiss the complaint as against defendants Edwards and Megson on the same ground (see Samantha R. v. New York City Hous. Auth., 117 A.D.3d 600, 986 N.Y.S.2d 115 1st Dept.2014, lv. denied 24 N.Y.3d 904, 2014 WL 4548525 2014 ).
SWEENY, J.P., RENWICK, MOSKOWITZ, GISCHE, JJ., concur.