ANGELO v. DeLUCIA (2001)

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Dye, J.), dated May 22, 2000, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiffs' evidence submitted in opposition to the defendants' motion for summary judgment demonstrated that the alleged defect, a height differential between the grass and the sidewalk abutting the defendants' property, was readily observable by the reasonable use of the injured plaintiff's senses (see, Canetti v. AMCI, Ltd., 281 A.D.2d 381, 721 N.Y.S.2d 398;  Connor v. Taylor Rental Center, 278 A.D.2d 270, 718 N.Y.S.2d 605;  Speirs v. Dick's Clothing & Sporting Goods, 268 A.D.2d 581, 702 N.Y.S.2d 842;  Breem v. Long Is. Light. Co., 256 A.D.2d 294, 680 N.Y.S.2d 674;  Wint v. Fulton St. Art Gallery, 263 A.D.2d 541, 694 N.Y.S.2d 97;  Binensztok v. Marshall Stores, 228 A.D.2d 534, 644 N.Y.S.2d 333).   Accordingly, as the defendants established their entitlement to judgment as a matter of law, and the plaintiffs failed to raise an issue of fact, the motion for summary judgment was properly granted.