Case: Trip-and-fall on a Single Step Riser Dismissed by Supreme Court, New York County
Counsel: Salvatore J. DeSantis; Robert A. Von Hagen
Result: Summary Judgment Granted, No Appeal
In this case, plaintiff was injured when she tripped and fell allegedly due to a cracked and defective walkway, which included a single step riser, leading to the front entrance of a commercial building.
The Court awarded Summary Judgment to the defendant holding that plaintiff failed to present any evidence that the single step riser was defective or dangerous. The Court opined that plaintiff’s expert’s assertions that a variety of broad codes apply were entirely speculative, and therefore, failed to raise an issue of fact. The Court agreed with the defense’s expert in that the 1938 Building Code controls and the single step riser was not a violation. Additionally, the Court agreed with defendant’s argument that the condition of the walkway and single step riser was open and obvious.
Read the decision here.