Opinion
2003-03759.
Decided April 26, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dye, J.), entered November 6, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.
Cardali Cardali, P.C. (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.
Paganini, Herling, Cioci Cusumano, Lake Success, N.Y. (John J. Kearney of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant established its entitlement to judgment as a matter of law by demonstrating that the alleged condition which caused the injured plaintiff to fall was open and obvious and not inherently dangerous ( see Cupo v. Karfunkel, 1 A.D.3d 48; Pederson v. Kar, Ltd., 283 A.D.2d 625; Canetti v. AMCI, Ltd., 281 A.D.2d 381; Wint v. Fulton St. Art Gallery, 263 A.D.2d 541; Binensztok v. Marshall Stores, 228 A.D.2d 534). In opposition, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851).
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.