Johnson v. 301 Holdings, LLC
Appellate Division of the Supreme Court of the State of New York
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
- Burke v. Canyon Road RestaurantAppellate Division of the Supreme Court of the State of New York · 2009
- Remes v. 513 West 26th Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Broodie v. Gibco Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 2009
- DeRosa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by3 opinions
- 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
- 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
- Ziman-Scheuer v. Golden Touch Transportation of NY, Inc.Appellate Division of the Supreme Court of the State of New York · 2017