Ruiz v. 221-223 E. 28th St., LLC

Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 15, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In support of its motion, defendant submitted evidence that, at the time of plaintiff’s accident, there were at least 30 garbage bags piled in three rows about five feet high near a fire hydrant on the sidewalk in front of defendant’s building. The bags were “unopened” and “tightened,” and there was enough room on the sidewalk for at least one person to pass by, unobstructed. Plaintiff’s…