Opinion
No. 2008-02260.
December 30, 2008.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), entered January 30, 2008, which denied their motion for summary judgment dismissing the complaint.
McAndrew, Conboy Prisco, LLP, Woodbury, N.Y. (Mary C. Azzaretto of counsel), for appellants.
Seidner, Rosenfeld Guttentag, LLP, Babylon, N.Y. (Jeffrey Guttentag of counsel), for respondents.
Before: Fisher, J.P., Florio, Carni and Chambers, JJ., concur.
Ordered that the order is affirmed, with costs.
On their motion for summary judgment dismissing the complaint, the defendants failed to offer evidence sufficient to show that the condition complained of by the plaintiff's was both open and obvious and, as a matter of law, not inherently dangerous ( see Cupo v Karfunkel, 1 AD3d 48, 52). Nor did the defendants meet their prima facie burden of demonstrating their lack of constructive notice regarding the allegedly hazardous condition that caused the injured plaintiff to fall ( see Roussos v Ciccotto, 15 AD3d 641, 642-643). Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. In light of the foregoing, it is not necessary to consider the sufficiency of the plaintiff's' opposition papers.