Johnson v. Summa

—Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered April 11, 1995, which, inter alia, granted defendant-respondent’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The action was properly dismissed on the ground that it was not foreseeable, as a matter of law, that plaintiff, a telephone installer, would enter the attic from which she fell since defendant home owner was never given any indication that access to that remote area of the house would be required. And, even if plaintiff’s entry into the attic was foreseeable, " '[tjhere…