NASSEERUDDIN v. (and a third-party action). (2007)

In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Rockland County (Weiner, J.), entered October 5, 2005, which granted the defendants' motion for summary judgment dismissing the complaint and (2), as limited by his brief, from so much of an order of the same court dated February 2, 2006, as, upon reargument, adhered to the original determination.

ORDERED that the appeal from the order entered October 5, 2005, is dismissed, as that order was superseded by the order dated February 2, 2006, made upon reargument;  and it is further,

ORDERED that the order dated February 2, 2006, is affirmed insofar as appealed from;  and it is further,

ORDERED that one bill of costs is awarded to the defendants.

In response to the defendants' prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact.   Contrary to the plaintiff's contention, the condition he complained of, a raised concrete platform abutting a building at the edge of a blacktop parking lot, was not an inherently dangerous condition (see Colao v. Community Programs Ctr. of Long Is., Inc., 29 A.D.3d 723, 814 N.Y.S.2d 747;  Ahnert v. State of New York, 127 A.D.2d 927, 512 N.Y.S.2d 285).   Since the plaintiff failed to show the existence of a triable issue of fact as to whether the platform was in any way defective or dangerous, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint (see Grgich v. City of New York, 2 A.D.3d 680, 770 N.Y.S.2d 91).

In light of this determination, we need not reach the parties' remaining contentions.