LIPTROT v. THEATER AT MADISON SQUARE GARDEN (2001)

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered April 14, 2000, which denied their motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff alleged that the heel of her shoe caught on a step as she was descending an interior stairway in the defendants' theater, as a result of, inter alia, inadequate lighting and crowd control, and a lack of handrails.   The defendants failed to provide evidence in admissible form to demonstrate their entitlement to judgment in their favor as a matter of law.   The defendants did not establish that the stairway in question provided a safe means of ingress and egress and was adequately lighted (see, Wilder v. Rensselaer Polytechnic Inst., 175 A.D.2d 534, 572 N.Y.S.2d 795;  see also, Quinlan v. Cecchini, 41 N.Y.2d 686, 394 N.Y.S.2d 872, 363 N.E.2d 578;  Miccoli v. Kotz, 278 A.D.2d 460, 717 N.Y.S.2d 661 [2d Dept.];  Shirman v. New York City Tr. Auth., 264 A.D.2d 832, 833, 695 N.Y.S.2d 582;  Kurth v. Wallkill Assocs., 132 A.D.2d 529, 517 N.Y.S.2d 267), and that they took adequate crowd control measures (cf., Palmieri v. Ringling Bros. & Barnum & Bailey Combined Shows, 237 A.D.2d 589, 655 N.Y.S.2d 646).   Therefore, the defendants' motion was properly denied.