The Appellate Division, Second Department, reversed a Supreme Court Decision last month, and in doing so granted summary judgment for the defendant in a slip and fall personal injury action in Brooklyn. The plaintiff had fallen on a wet staircase in a property owned by the defendant. Initially, the Supreme Court denied summary judgment for the defendant, however the Second Department reversed last month.
In making its ruling, the Court relied upon an affidavit submitted by the defense, in which a licensed mechanical engineer testified that the landing did not constitute a “dangerous condition,” even though the staircase was wet and had been finished with polyurethane. The Court found that the plaintiff did not raise a triable issue of fact, making the judgment a matter of law.
The New York Official Reports for the Second Department provides the Court’s ruling here.
