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

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered December 8, 2005, which granted the motion of the defendants Shorenstein Realty Services, L.P., Shorenstein Company, L.P., and Metlife, Inc., for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly was injured when she struck her head on a wall-mounted tampon dispenser in the ladies' bathroom on the third floor of the MetLife Building located on Park Avenue in Manhattan.   The accident occurred when the plaintiff bent down to place a file on the floor, and struck her head on the dispenser when she stood back up.

The Supreme Court properly granted the motion of the defendants Shorenstein Realty Services, L.P., Shorenstein Company, L.P., and Metlife, Inc., for summary judgment dismissing the complaint insofar as asserted against them, as they established that the wall-mounted dispenser upon which the plaintiff struck her head was open and obvious and not inherently dangerous as a matter of law (see Kaufmann v. Lerner N.Y., Inc., 41 A.D.3d 660, 838 N.Y.S.2d 181;  Swan v. Eastman Kodak Co., 16 A.D.3d 1098, 790 N.Y.S.2d 897;  Hecht v. 281 Scarsdale Corp., 3 A.D.3d 551, 770 N.Y.S.2d 643;  Panetta v. Paramount Communications, 255 A.D.2d 568, 681 N.Y.S.2d 85;  Bellofatto v. Frengs, 246 A.D.2d 566, 668 N.Y.S.2d 210;  Blecher v. Holiday Health & Fitness Ctr. of N.Y., 245 A.D.2d 687, 664 N.Y.S.2d 869;  Binensztok v. Marshall Stores, 228 A.D.2d 534, 644 N.Y.S.2d 333;  Woodford v. Hilton Hotels Corp., 122 F.3d 1058, 1997 WL 537994).   In opposition, the plaintiff failed to raise an issue of fact sufficient to defeat the motion (see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718).