Opinion
2002-07665.
Decided January 26, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered August 2, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.
Sivin Miller, LLP, New York, N.Y. (Edward Sivin of counsel), for appellant.
Morris, Duffy, Alonso Faley, LLP, New York, N.Y., (Yolanda L. Himmelberger and Richard J. Gallo of counsel), for respondents.
Before: DANIEL F. LUCIANO and BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendants' motion for summary judgment, as the overhead pipe and valve near the wall of the defendants' parking garage upon which the plaintiff struck his head was open and obvious and not inherently dangerous as a matter of law ( see Cupo v. Karfunkel, 1 A.D.3d 48; see also Jang Hee Lee v. Sung Whun Oh, A.D.3d [2d Dept, Jan. 12, 2004]; Gibbons v. Lido Point Lookout Fire Dist., 293 A.D.2d 646; Sorce v. Great Oak Marina, 282 A.D.2d 598). Therefore, the defendants had no duty to warn and did not breach their duty to maintain their property in a reasonably safe condition ( see Cupo v. Karfunkel, supra; Gibbons v. Lido Point Lookout Fire Dist., supra; Sorce v. Great Oak Marina, supra).
The plaintiff's remaining contentions are without merit.
ALTMAN, J.P., SMITH, LUCIANO and COZIER, JJ., concur.