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NIGRO v. JRC MANAGEMENT

303 A.D.2d 247 (2003)

755 N.Y.S.2d 833

MARGARET NIGRO, Appellant, v. JRC MANAGEMENT et al., Respondents.

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

Decided March 18, 2003.

The action was properly dismissed upon a record establishing that the step was readily observable and did not constitute a hazard; indeed, plaintiff admits that she had used the step earlier that same day without incident (see Wint v Fulton St. Art Gallery, 263 A.D.2d 541 [1999]; Pepic v Joco Realty, 216 A.D.2d 95 [1995]). Plaintiff's expert's report that the step is dangerous and violates...

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