White v. Gabrielli

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated February 9, 1999, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On August 22, 1993, the plaintiff tripped and fell backward over a wheel stop as she exited her car in a rooftop parking lot owned by the defendant. It is undisputed that the wheel stop was not anchored to the floor of the parking lot. The defendant asserts that he is not negligent, as a matter of law, because the…