Cataudella v. 17 John Street Associates, LLC

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered February 17, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Big Tom Inc./ The Irish American’s (defendant) motion for summary judgment dismissing the complaint as against it, and denied plaintiffs’ cross motion for spoliation sanctions, unanimously affirmed, without costs.

Supreme Court properly dismissed the complaint, as defendant satisfied its initial burden on summary judgment by establishing, prima facie, that any alleged defect in the stairway at issue and/or in its premises…