DUCKETTE v. NEIGHBORHOOD LENOX AVENUE LLC (2007)

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated November 16, 2005, as denied their motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The defendants made a prima facie showing of entitlement to judgment as a matter of law (see Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718).   The defendants were under no legal duty to install a window gate on the subject window, which provided access to a fire escape (see New York City Health Code § 131.15;  Rivera v. Nelson Realty, LLC, 7 N.Y.3d 530, 825 N.Y.S.2d 422, 858 N.E.2d 1127;  see generally Molina v. Sercia, 290 A.D.2d 425, 736 N.Y.S.2d 231;  Moore v. Bender, 280 A.D.2d 588, 720 N.Y.S.2d 209;  Deer v. DiPiazza, 225 A.D.2d 514, 638 N.Y.S.2d 772;  Costanzo v. New York City Hous. Auth., 158 A.D.2d 576, 551 N.Y.S.2d 544;  Ramos v. 600 W. 183rd St., 155 A.D.2d 333, 547 N.Y.S.2d 633).   Absent such a duty, the defendants are not liable to the plaintiffs (see Rivera v. Nelson Realty, LLC, supra ).   In opposition, the plaintiffs failed to raise a triable issue of fact.   Accordingly, the Supreme Court should have granted the defendants' motion for summary judgment dismissing the complaint.