Filed Date: 6/29/2010
Status: Precedential
Modified Date: 11/1/2024
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 21, 2009, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff, on her cell phone while hurrying across a scaffold to catch a bus, tripped on a lower horizontal brace and suffered injury. Defendants met their prima facie burden by showing the scaffold was open and obvious as a matter of law, and not inherently dangerous (Burke v Canyon Rd. Rest., 60 AD3d 558 [2009]; see also Connor v Taylor Rental Ctr., 278 AD2d 270 [2000]; Plessias v Scalia Home for Funerals, 271 AD2d 423 [2000]). Photographs taken by plaintiff after the accident depict two