Opinion
2013-05-1
Maria SOSA, appellant, v. RS 2001, INC., et al., respondents.
H. Bruce Fischer, P.C., New York, N.Y., for appellant. Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York, N.Y. (Harriet Wong of counsel), for respondents.
H. Bruce Fischer, P.C., New York, N.Y., for appellant. Armienti, DeBellis, Guglielmo & Rhoden, LLP, New York, N.Y. (Harriet Wong of counsel), for respondents.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, L. PRISCILLA HALL, and SYLVIA HINDS–RADIX, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Sampson, J.), entered December 6, 2011, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly slipped and fell on a piece of cardboard that was on the floor of the defendants' premises.
On their motion for summary judgment dismissing the complaint, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the piece of cardboard was not an inherently dangerous condition and was readily observable by the reasonable use of the plaintiff's senses ( see Schoen v. King Kullen Grocery Co., 296 A.D.2d 486, 745 N.Y.S.2d 554;see also Leib v. Silo Rest., Inc., 26 A.D.3d 359, 809 N.Y.S.2d 185). Contrary to the plaintiff's contention, the Supreme Court properly considered the transcripts of the parties' depositions ( see Boadu v. City of New York, 95 A.D.3d 918, 918–919, 944 N.Y.S.2d 265). In opposition, the plaintiff failed to raise a triable issue of fact. Therefore, the Supreme Court properly granted the defendants' motion.
The parties' remaining contentions are academic in light of our determination.