BEHAR v. ALL SEASONS MOTOR LODGE, INC

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.