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AIEVOLI v. MATTEINI

254 A.D.2d 443 (1998)

679 N.Y.S.2d 311

Thomas G. Aievoli, Appellant, v. Stephen Matteini et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 26, 1998

Ordered that the order is affirmed, with costs.

The defendants established as a matter of law that no dangerous or defective condition existed. The condition complained of was clearly visible and created no unreasonable risk of harm. Therefore, the defendants were not negligent and summary judgment was properly granted (see, Gross v Lewis, 5 N.Y.2d 884; Pilato v Diamond, 209 A.D.2d 393

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