WENDY SIEGFRIED, plf-ap, v. WEST 63 EMPIRE ASSOCIATES, LLC def-res

2376. WENDY SIEGFRIED, plf-ap, v. WEST 63 EMPIRE ASSOCIATES, LLC def-res — Law Office of Bryan J. Swerling, P.C., New York (Bryan J. Swerling of counsel), for ap — Callahan & Fusco, LLC, New York (Christopher G. Fusco of counsel), for West 63 Empire Associates, LLC and the Chetrit Group, LLC, res — Carroll McNulty Kull LLC, New York (Michael R. Scheider of counsel), for CGM EMP, LLP, res — Order, Supreme Court, New York County (Paul Wooten, J.), entered on or about August 12, 2014, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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2376. WENDY SIEGFRIED, plf-ap, v. WEST 63 EMPIRE ASSOCIATES, LLC def-res — Law Office of Bryan J. Swerling, P.C., New York (Bryan J. Swerling of counsel), for ap — Callahan & Fusco, LLC, New York (Christopher G. Fusco of counsel), for West 63 Empire Associates, LLC and the Chetrit Group, LLC, res — Carroll McNulty Kull LLC, New York (Michael R. Scheider of counsel), for CGM EMP, LLP, res — Order, Supreme Court, New York County (Paul Wooten, J.), entered on or about August 12, 2014, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted in this action where plaintiff alleges that she was injured when she tripped and fell on an interior stairway platform in a building owned by defendant the Chetrit Group, LLC and managed by defendant West 63 Empire Associates LLC (collectively the Chetrit Group). Defendant CGM EMP, LLC (CGM) owned and managed the restaurant in the building where plaintiff intended to dine. The record demonstrates that even though the lease granted the Chetrit Group the right of reentry, the complaint and bill of particulars fail to allege that the complained-of condition constituted a design defect that violated a specific statutory safety provision, and plaintiff presented no evidence in opposition to establish that such a defect proximately caused the accident (see Del Rosario v. 114 Fifth Ave. Assoc., 266 AD2d 162 [1st Dept 1999]; Quinones v. 27 Third City King Rest., 198 AD2d 23 [1st Dept 1993]).

WENDY SIEGFRIED, plf-ap, v. WEST 63 EMPIRE ASSOCIATES, LLC def-res

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