Opinion
01-12-2017
Alison STOLZMAN, as Administratrix of the Estate of Henry Stolzman, deceased, etc., Plaintiff–Appellant, v. The CITY OF NEW YORK, et al., Defendants–Respondents, Manhattan Community Board 7, et al., Defendants.
Napoli Bern Ripka Shkolnik, LLP, New York (Joseph Napoli of counsel), for appellant. Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for respondents.
Napoli Bern Ripka Shkolnik, LLP, New York (Joseph Napoli of counsel), for appellant.
Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for respondents.
Order, Supreme Court, New York County (Margaret A. Chan, J.), entered January 16, 2015, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Boulevard Housing Corp. (BHC) and Akam Associates, Inc. (Akam) for summary judgment dismissing the complaint as against them, and sua sponte dismissed the complaint as against the defaulting defendants Manhattan Community Board 7 and Cooper Square Realty Inc., unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated as against BHC, Akam, and the defaulting defendants.
BHC and Akam, the owner and property manager of the premises that abutted a sidewalk where plaintiff Alison Stolzman tripped, established prima facie entitlement to summary judgement based on the testimony and photographic evidence indicating the alleged hazard was open and obvious and not inherently dangerous (see generally Boyd v. New York City Hous. Auth., 105 A.D.3d 542, 964 N.Y.S.2d 10 [1st Dept.2013] ).However, there remain triable issues as to whether the alleged low-lying tripping condition dangerously narrowed the passable area of the sidewalk and was adequately visible at night (see Nunez v. Wah Kok Realty Corp., 110 A.D.3d 560, 973 N.Y.S.2d 558 [1st Dept.2013] ; Centeno v. Regine's Originals, 5 A.D.3d 210, 773 N.Y.S.2d 62 [1st Dept.2004] ; compare Barchi v. Rudin E. 55th St. LLC, 144 A.D.3d 444, 39 N.Y.S.3d 787 [1st Dept.2016] ).
SWEENY, J.P., RENWICK, MAZZARELLI, MANZANET–DANIELS, FEINMAN, JJ., concur.