Gross v. Gross

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about May 6, 2014, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, while visiting defendants, his brother and sister-in-law, mistakenly opened a door to the basement, rather than the door to the bathroom, and fell down a flight of steps leading to the basement. It is undisputed that plaintiff had been to defendants’ home at least 10 times during the 45 years that they had owned it, and had previously used the bathroom there.

As…