Babich v. R.G.T. Restaurant Corp.

I concur with the majority that the owner is entitled to summary judgment as an out-of-possession landlord. But in my view, summary judgment is also warranted for defendants because plaintiffs fail to make a prima facie showing that the condition of the stairs caused Diane Babich to fall on them. Accordingly, I would affirm the motion court’s order dismissing the complaint.

In support of their motions for summary judgment, defendants submitted affidavits from two professional licensed engineers who had inspected the stairway and had measured both the steps’ coefficient of friction (their…