Legal Opinion

Johnson v. 301 Holdings, LLC

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

Decided November 17, 2011PublishedCited by 3 opinions

1Opinion of the Court

Defendants established their entitlement to judgment as a matter of law by presenting evidence showing that the stairs were not inherently dangerous and did not constitute a hidden trap. The evidence showed that the lobby and stairs were well lit; that there were no physical defects in the structure of the steps; that plaintiff was well aware of the steps since he had been a tenant in the building for several years and had traversed the lobby hundreds of times; and that no one had ever complained about the stairs (see e.g. Broodie v Gibco Enters., Ltd., 67 AD3d 418 [2009]; Burke v Canyon Rd.…

2Cases cited4 opinions

  1. Burke v. Canyon Road RestaurantAppellate Division of the Supreme Court of the State of New York · 2009
  2. Remes v. 513 West 26th Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Broodie v. Gibco Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
  4. DeRosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by3 opinions

  1. Rubin v. Trustees of Columbia Univ. in the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
  2. Rubin v. Trustees of Columbia Univ. in the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Ziman-Scheuer v. Golden Touch Transportation of NY, Inc.Appellate Division of the Supreme Court of the State of New York · 2017

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