CAPIO v. BANK NATIONAL ASSOCIATION (2025)

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Rolf M. Thorsen, J.), dated June 30, 2023.  The order granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained when she tripped and fell over a single-step riser separating the foyer, which had brown tile flooring, from the living room, which had gray carpeting, in a house owned by the defendant.  In an order dated June 30, 2023, the Supreme Court granted the defendant's motion for summary judgment dismissing the complaint.  The plaintiff appeals.  We affirm.

Although a landowner has a duty to maintain its premises in a reasonably safe manner (see Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868), a landowner has no duty to protect or warn against a condition that is open and obvious and not inherently dangerous (see Varon v. New York City Dept. of Educ., 123 A.D.3d 810, 811, 998 N.Y.S.2d 433).  Here, the defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence demonstrating that the subject step complied with the relevant Building Code requirements and that it was open and obvious and not inherently dangerous (see Fishelson v. Kramer Props., LLC, 133 A.D.3d 706, 707, 19 N.Y.S.3d 580;  Varon v. New York City Dept. of Educ., 123 A.D.3d at 810, 998 N.Y.S.2d 433;  Dillman v. City Cellar Wine, Bar & Grill, 123 A.D.3d 758, 759, 996 N.Y.S.2d 545;  Coppola v. Cure of Ars R.C. Church, 119 A.D.3d 726, 726, 989 N.Y.S.2d 314).  The evidence presented by the plaintiff in opposition, including an affidavit of her expert, failed to raise a triable issue of fact (see Coppola v. Cure of Ars R.C. Church, 119 A.D.3d at 727, 989 N.Y.S.2d 314).  Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

We need not reach the plaintiff's remaining contention in light of our determination.

CONNOLLY, J.P., FORD, VOUTSINAS and HOM, JJ., concur.