Boudreau-Grillo v. Ramirez
| Court | New York Supreme Court Appellate Division |
| Citation | 904 N.Y.S.2d 485,74 A.D.3d 1265 |
| Parties | Roseann BOUDREAU-GRILLO, appellant, v. Benjamin RAMIREZ, et al., respondents. |
| Decision Date | 29 June 2010 |
74 A.D.3d 1265
Roseann BOUDREAU-GRILLO, appellant,
v.
Benjamin RAMIREZ, et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
June 29, 2010.
Lucchese & D'Ammora, LLP, White Plains, N.Y. (Andrew Bokar of counsel), for appellant.
Wilson, Bave, Conboy, Cozza & Couzens, P.C., White Plains, N.Y. (Robert Gironda of counsel), for respondent Benjamin Ramirez.
Goldberg Segalla, LLP, White Plains, N.Y. (William T. O'Connell and Michael A. Suarez of counsel), for respondents Julie C. Magee and Timothy M. Magee.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, LEONARD B. AUSTIN, and SHERI S. ROMAN, JJ.
In action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered January 4, 2010, which granted the motion of the defendant Benjamin Ramirez and the separate motion of the defendants Julie C. Magee and Timothy M. Magee, for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order is reversed, on the law, with one bill of
On May 20, 2008, the plaintiff allegedly slipped and fell while attempting to walk down an interior staircase within a residence owned by the defendant Benjamin Ramirez, part of which Ramirez rented to the defendants Julie C. Magee and Timothy M. Magee (hereinafter together the Magees). The staircase led from the kitchen within the portion of the home rented by the Magees, to a foyer for the back entrance to the home and the door to the basement apartment, which was utilized by Ramirez. Upon arriving at the residence, the plaintiff, a real estate agent who was there to preview the residence for clients interested in renting it, gained entry to the home through the use of a lock box at the rear entrance and climbed the subject staircase. On her way up the staircase to the kitchen, she noticed shoes on various steps. The plaintiff did not recall shoes being on the top step. It is undisputed that the subject staircase had no handrail.
When walking down that same staircase following Mrs. Magee on their way down to the basement apartment, the plaintiff allegedly slipped when she stepped on something which she believed to be a shoe situated on the top step, which caused her to fall down the remaining four or five
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