Anaya v Vacca Bros. Contrs., Inc.

Anaya v Vacca Bros. Contrs., Inc. 2015 NY Slip Op 05416 Decided on June 23, 2015 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 June 23, 2015
Mazzarelli, J.P., Sweeny, Acosta, Clark, Kapnick, JJ.
15511 310783/11

[*1] Ivon Anaya, Plaintiff-Appellant,

v

Vacca Bros. Contractors, Inc., et al., Defendants-Respondents.

Ephrem J. Wertenteil, New York, for appellant.

Kenney Shelton Liptak Nowak LLP, White Plains (Deborah A. Summers of counsel), for Vacca Bros. Contractors, Inc., respondent.

D'Amato & Lynch, LLP, New York (Arturo M. Boutin of counsel), for Premier Carting of New York, respondent.

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered April 3, 2014, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted in this action where plaintiff was injured when, while attempting to walk under the horizontal metal post of a sidewalk bridge, her head struck the post. The record does not present a triable issue of fact as to whether the placement of the dumpster created a dangerous condition.

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 23, 2015

CLERK