DECISION/ORDER In this personal injury action, defendants Showtime Networks, Inc. (“Showtime”), New York City Transit Authority (“NYCTA”), CBS Outdoor Americas, Inc. (“CBS”), and The Metropolitan Transit Authority (“MTA”) (collectively, the “defendants”) move pursuant to CPLR 3211 (a) (7), to dismiss the complaint for failure to state a cause of action.1 BACKGROUND FACTSThis is an action by plaintiff Ajanaffy Njewadda to recover damages for personal injuries arising out of an accident that occurred on June 20, 2013. In the Verified Complaint (the “Complaint”) plaintiff alleges that after going through turnstiles located in the New York City Grand Central subway station, at the “S shuttle”, she was descending stairs and became concerned about the whereabouts of her husband (Complaint27). Plaintiff further alleges“[t]hat she turned around and attempted to ascend the staircase to ascertain his whereabouts, when she saw and was confronted with, under the steps thereto, a semi sub-merged but dramatically oversized photograph, poster and or wrap-around advertisement of the actor Michael C. Hall, who portrays himself as DEXTER, a Showtime series about a serial killer[;][t]hat the photograph, extending the full length of the steps from the top of the platform to the bottom, depicted a shocking, and menacing face of a Caucasian man (DEXTER) exhibiting an expression of fear or shock and was covered, draped or enwrapped in cellophane/plastic wrap [(the "Dexter Advertisement")][;][t]hat the sight of [the] photograph startled, shocked and overwhelmed [p]laintiff causing her to panic and become fearful, which fright, fear and anxiety caused her to panic and lose her balance on the steps resulting in her falling down the steps to the bottom thereof” (Complaint,
28-30).Plaintiff maintains that as a result of her fall, she suffered injuries to her right foot and ankle.The ComplaintPlaintiff alleges causes of action against Showtime for intentionally and negligently “creating or producing and thereafter placing a tripping and or falling hazard in and or on or about a common public walkway thereby creating and or causing a dangerous condition for pedestrians” [First and Second Causes of Action], and negligence as against defendants NYCTA, CBS, and the MTA [Third, Fourth and Fifth Causes of Action].ShowtimeThe Complaint alleges Showtime creates, designs and authorizes the placement of its advertisements, including the Dexter Advertisement, under the subject subway stairs. Showtime allegedly hired CBS to promote its program, “Dexter,” through a series of ads, one of which allegedly panicked plaintiff. Plaintiff alleges that Showtime’s decision to promote the program in such a provocative and shocking manner made Showtime liable for plaintiff’s resultant injuries. As such, plaintiff alleges that Showtime intentionally and negligently created a dangerous tripping and falling hazardous condition by placing the subject “disturbing, provocative, shocking and fear inducing advertisement of Dexter at or under or on the subject subway stairs,” which was a proximate cause of plaintiff’s accident resulting in her injuries (Complaint,
