Khalil v. Fernandez

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), entered December 9, 2014, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on “dark gray” ice on the sidewalk abutting premises owned by the defendant. According to the plaintiff, he observed the ice prior to his fall, but he did not realize that it was ice until he stepped on it because the ice was the same color as the sidewalk…