From Casetext: Smarter Legal Research

Matthews v. Vlad Restoration Ltd.

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 2010
74 A.D.3d 692 (N.Y. App. Div. 2010)

Summary

finding that defendants met their burden by showing that the lower brace of the scaffold plaintiff tripped on was open and obvious as a matter of law

Summary of this case from TESHER v. SOL GOLDMAN INVESTMENTS, LLC

Opinion

No. 3182.

June 29, 2010.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 21, 2009, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Kurzman Karelsen Frank, LLP, New York (Charles Palella of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Harris J. Zakarin of counsel), for respondents.

Before: Andrias, J.P., Saxe, Friedman, Nardelli and Acosta, JJ.


Plaintiff, on her cell phone while hurrying across a scaffold to catch a bus, tripped on a lower horizontal brace and suffered injury. Defendants met their prima facie burden by showing the scaffold was open and obvious as a matter of law, and not inherently dangerous ( Burke v Canyon Rd. Rest., 60 AD3d 558; see also Connor v Taylor Rental Ctr., 278 AD2d 270; Plessias v Scalia Home for Funerals, 271 AD2d 423). Photographs taken by plaintiff after the accident depict two bright blue horizontal bars, clearly presenting a barrier to passersby. In opposition, plaintiff failed to raise an issue of fact. Her expert's affidavit failed to show inherent danger; the unsubstantiated claim that the scaffold did not comply with industry custom and practice does not create an issue of fact ( see Jones v City of New York, 32 AD3d 706).


Summaries of

Matthews v. Vlad Restoration Ltd.

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 2010
74 A.D.3d 692 (N.Y. App. Div. 2010)

finding that defendants met their burden by showing that the lower brace of the scaffold plaintiff tripped on was open and obvious as a matter of law

Summary of this case from TESHER v. SOL GOLDMAN INVESTMENTS, LLC
Case details for

Matthews v. Vlad Restoration Ltd.

Case Details

Full title:LAURA MATTHEWS, Appellant, v. VLAD RESTORATION LTD. et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 29, 2010

Citations

74 A.D.3d 692 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5696
904 N.Y.S.2d 391

Citing Cases

Peranzo v. WFP Tower D Co.

Since there was no ambiguity in the subcontract, Titanium's argument that the court ignored testimony as to…

Peranzo v. WFP Tower D Co.

Since there was no ambiguity in the subcontract, Titanium's argument that the court ignored testimony as to…