WILLIAM PHILIPS, plf-res, v. PACO LAFAYETTE LLC def-ap, RUSABO 300 LLC def

10207. WILLIAM PHILIPS, plf-res, v. PACO LAFAYETTE LLC def-ap, RUSABO 300 LLC def — Marin Goodman, LLP, Harrison (Richard P. Marin of counsel), for ap — Kahn Gordon Timko & Rodriques, P.C., New York (Nicholas I. Timko of counsel), for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 12, 2012, which, to the extent appealed from, denied defendants-appellants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, defendantsappellants’ motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff commenced the instant action for personal injuries allegedly sustained when he tripped over a concrete curb at the top of the Broadway/Lafayette subway station exit located on the south side of East Houston Street, between Lafayette Street and Crosby Street. The concrete curb was on the premises owned by defendant Paco Lafayette LLC and leased by defendant BP Products North America, Inc. d/b/a Service Station for use as a gas station, and was immediately adjacent to the subway station exit. According to plaintiff’s testimony and the color photographs in the record, the curb measured about 8 inches high and 10 inches wide, ran parallel to the subway station guard rail, and protruded beyond the rail by a few feet.