Anne Rose Loiacono, Appellant, v. Quattro Piu, Inc., Doing Business as Pomodorino Restaurant, et al., Respondents

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained after tripping over a step at the defendants’ restaurant. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the alleged condition which caused the plaintiff to fall was open and obvious and not inherently dangerous (see Weiss v Half Hollow Hills Cent. School Dist., 70 AD3d 932, 933 [2010]; Ramos v Cooper Invs., Inc., 49 AD3d 623, 624 [2008]; Pirie v Krasinski, 18 AD3d 848, 849 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court properly awarded the defendants summary judgment dismissing the complaint. Mastro, J.E, Chambers, Lott and Cohen, JJ., concur.