Waller v. Site Safety LLC

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about November 10, 2004, which granted defendants’ respective motions and cross motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff allegedly sustained injury when she tripped and fell over a piece of wood protruding from a barricade used in the construction of a temporary pedestrian walkway at a construction site. However, photographs of the accident location taken shortly after plaintiffs fall do not show the alleged hazard and, in any event, defendants established…