Opinion
05-31-2016
Richard GRECO, et al., Plaintiffs–Appellants, v. Luigi PISANIELLO, et al., Defendants–Respondents.
Daniel Szalkiewicz & Associates, New York (Daniel S. Szalkiewicz of counsel), for appellants. DeSena & Sweeney, LLP, Bohemia (Shawn P. O'Shaughnessy of counsel), for respondents.
Daniel Szalkiewicz & Associates, New York (Daniel S. Szalkiewicz of counsel), for appellants.
DeSena & Sweeney, LLP, Bohemia (Shawn P. O'Shaughnessy of counsel), for respondents.
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered December 1, 2014, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The court properly found that defendants were entitled to summary judgment where plaintiff slipped and fell on the terra cotta-tiled upper landing of a four-step stairway leading to defendants' door, which tiles were wet from a light rain. Mere wetness on a walking surface due to rain does not constitute a dangerous condition (see McGuire v. 3901 Independence Owners, Inc., 74 A.D.3d 434, 435, 902 N.Y.S.2d 69 [1st Dept.2010] ; Grinberg v. Luna Park Hous. Corp., 69 A.D.3d 793, 891 N.Y.S.2d 910 [2d Dept.2010] ). In opposition, plaintiffs' expert failed to raise a triable issue of fact as to whether the terra-cotta tiles were interior tiles improperly used for an outdoor surface. Finally, no issue of fact was raised by the assertion that the landing lacked a handrail, as plaintiff clearly testified that he never tried to hold on to anything as he fell, because it happened too quickly.
TOM, J.P., MAZZARELLI, ANDRIAS, MANZANET–DANIELS, GESMER, JJ., concur.