Lew v. Manhasset Pub. Library

Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset, N.Y. (Anton Piotroski of counsel), for respondents.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, LEONARD B. AUSTIN, and JOSEPH J. MALTESE, JJ.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Marber, J.), entered August 8, 2013, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell when she was walking down an aisle of the defendants' library. As the plaintiff walked down the aisle, there were bookshelves to her left and tables and chairs to her right. The plaintiff came across a book cart in the aisle and, as she walked around the book cart, she allegedly tripped and fell on the leg of a chair. The plaintiff commenced this action against the defendants to recover damages for personal injuries and, thereafter, the defendants moved for summary judgment dismissing the complaint. The Supreme Court granted the defendants' motion.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the book cart and the chair were open and obvious and not inherently dangerous (see Koepke v. Deer Hills Hardware, Inc., 118 A.D.3d 957, 987 N.Y.S.2d 854 ; Flaim v. Hex Food, Inc., 79 A.D.3d 797, 912 N.Y.S.2d 426 ; Stern v. Costco Wholesale, 63 A.D.3d 1139, 882 N.Y.S.2d 266 ; Neiderbach v. 7–Eleven, Inc., 56 A.D.3d 632, 868 N.Y.S.2d 91 ). In opposition, the plaintiff failed to

raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572 ). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.