DENSTMAN v. MANHATTAN EYE, EAR & THROAT HOSP.

Index No. 157345/18. Appeal No. 14743. Case No. 2020-04019.

200 A.D.3d 409 (2021)

154 N.Y.S.3d 774

2021 NY Slip Op 06753

Pearl Denstman, Appellant, v. Manhattan Eye, Ear & Throat Hospital et al., Respondents.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Michael H. Zhu, PC, New York ( Michael H. Zhu of counsel), for appellant.

Barbiero, Bisch & O'Connor, LLP, Central Islip ( Joseph M. O'Connor of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.


Defendants' evidence, both testimonial and photographic, established that the final step of the staircase on which plaintiff tripped was open and obvious and not inherently dangerous (see Hall v New Way Remodeling, Inc., 168 A.D.3d 620 [1st Dept 2019]; Franchini v American Legion Post, 107 A.D.3d 432 [1st Dept 2013]). Defendants' expert's report and affidavit also established that the stairs...

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