Zegarelli v Dundon
2013 NY Slip Op 00483 [102 AD3d 958]
January 30, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 27, 2013


Giuseppe Zegarelli et al., Appellants,
v
Mary C. Dundon, Respondent.

[*1] Worby Groner Edelman LLP, White Plains, N.Y. (Michael L. Taub of counsel), for appellants.

Penino & Moynihan, LLP, White Plains, N.Y. (Henry L. Liao of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Putnam County (Lubell, J.), dated August 16, 2011, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The injured plaintiff, while delivering parcels to the defendant's home on a hot, misty day, allegedly slipped and fell on a brick walkway that had grass growing up between the bricks.

On her motion for summary judgment, the defendant made a prima facie showing that the complained-of condition was both open and obvious, i.e., readily observable by those employing the reasonable use of their senses, and not inherently dangerous (see Misir v Beach Haven Apt. No. 1, Inc., 32 AD3d 1002 [2006]; Cupo v Karfunkel, 1 AD3d 48 [2003]; Sun Ho Chung v Jeong Sook Joh, 29 AD3d 677 [2006]; Osborne v Village of N. Tarrytown, 180 App Div 224 [1917]). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment. Angiolillo, J.P., Dickerson, Miller and Hinds-Radix, JJ., concur.