New York Supreme and/or Appellate Courts Appellate Division, First Department
February 26, 2013
9388 ELAINE SAVIO, PLAINTIFF-APPELLANT,
ROSE FLOWER CHINESE RESTAURANT, INC., DEFENDANT-RESPONDENT.
Savio v Rose Flower Chinese Rest., Inc.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 26, 2013
Friedman, J.P., Saxe, Moskowitz, DeGrasse, Roman, JJ.
Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered November 18, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
In this personal injury action, defendant made a prima facie showing that the claimed defect, a worn and slippery step, at the entrance to a restaurant, was not actionable. Defendant established, inter alia, the lack of prior complaints or injuries relating to the step and the lack of any claimed structural defect (see e.g. Cintron v New York City Tr. Auth., 77 AD3d 410, 411-412 [1st Dept 2010]; Santiago v United Artists Communications, 263 AD2d 407, 408 [1st Dept 1999]). In opposition, plaintiff failed to raise a triable issue of fact (see e.g. Alvarez v Prospect Hosp., 68 NY2d 320 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 26, 2013
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