Brown v New York Marriot Marquis Hotel

Brown v New York Marriot Marquis Hotel 2012 NY Slip Op 03745 Decided on May 10, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 10, 2012
Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam, Román, JJ.
7622 100215/09

[*1]Cynthia Brown, Plaintiff-Appellant,

v

New York Marriot Marquis Hotel, et al., Defendants-Respondents.




Diamond & Diamond LLC, New York (Stuart Diamond of
counsel), for appellant.
Chesney & Nicholas, LLP, Baldwin (Gregory E. Brower of
counsel), for respondents.

Order, Supreme Court, New York County (Louis B. York, J.), entered April 19, 2011, which, insofar as appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law in this action where plaintiff alleges that she was injured when she slipped and fell on freshly mopped stairs in defendants' hotel. Defendants submitted, inter alia, the testimony of their employee who stated that after he completed mopping the subject stairs, he placed a yellow warning sign on the landing, and left the door to that floor open. Moreover, plaintiff acknowledged that prior to her fall, she observed the open door, yellow cone and liquid, which led her to suspect that the steps were wet, but she proceeded to descend them in any event (see Ramsay v Mt. Vernon Bd. of Educ., 32 AD3d 1007 [2006]).

In opposition, plaintiff failed to raise a triable issue of fact as to whether defendants failed to maintain the premises in a reasonably safe condition (see generally Basso v Miller, 40 NY2d 233, 241 [1976]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 10, 2012

CLERK