Irene Ortiz Leon v. Solomon Nduka et al.

Summary

The Appellate Division, Second Department affirmed an order granting the defendants summary judgment in a personal-injury action arising from the plaintiff's fall on an area rug while cleaning the defendants' home. The court held that the defendants established that the rug was not defective and that its placement was open and obvious and not inherently dangerous. The plaintiff failed to raise a triable issue of fact.

Holdings

1. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the premises were maintained in a reasonably safe condition, that the area rug was not defective, and that its placement was readily observable and not inherently dangerous under the circumstances.
2. The plaintiff failed to raise a triable issue of fact in opposition to the defendants' motion.

Questions Presented

1. Whether the defendants established entitlement to summary judgment in a slip-and-fall action by showing that they maintained the premises in a reasonably safe condition and that the area rug's placement was open and obvious and not inherently dangerous.
2. Whether the plaintiff raised a triable issue of fact in opposition to the defendants' summary-judgment motion.

Disposition

affirmed