Legal Opinion

Loiacono v. Quattro Piu, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 2011Published

1Opinion of the Court

The plaintiff commenced this action to recover damages for *941personal injuries she allegedly sustained after tripping over a step at the defendants’ restaurant. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the alleged condition which caused the plaintiff to fall was open and obvious and not inherently dangerous (see Weiss v Half Hollow Hills Cent. School Dist., 70 AD3d 932, 933 [2010]; Ramos v Cooper Invs., Inc., 49 AD3d 623, 624 [2008]; Pirie v Krasinski, 18 AD3d 848, 849 [2005]). In opposition, the plaintiff failed to raise a…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Pirie v. KrasinskiAppellate Division of the Supreme Court of the State of New York · 2005
  3. Weiss v. Half Hollow Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
  4. Ramos v. Cooper Investors, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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