Burke v. Canyon Road Restaurant, 60 A.D.3d 558 (N.Y. App. Div. 1st Dep't 2009). · Go Syfert
Burke v. Canyon Road Restaurant, 60 A.D.3d 558 (N.Y. App. Div. 1st Dep't 2009). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Cited for
At page 559 Granting summary judgment for open and obvious hazards12 citing cases“industry-wide standards or accepted practices in the field”1 citing court quotes it · 11 listed here
  • Minor v. East Harlem Tutorial Prog., Inc., 187 A.D.3d 408 (N.Y. App. Div. 1st Dep't 2020).published
    Rest. , 60 AD3d 558, 559 [1st Dept 2009]).
  • Haibi v. 790 Riverside Drive Owners, Inc., 156 A.D.3d 144 (N.Y. App. Div. 1st Dep't 2017).published 2 cites
    (the defendants granted summary judgment because deposition testimony established that the area of the step was illuminated, and the general manager of the restaurant for the last several years was not aware of any compl…)
  • Verderese v. 3225 Realty Corp., 147 A.D.3d 637 (N.Y. App. Div. 1st Dep't 2017).published
    Rest., 60 AD3d 558, 559 [1st Dept 2009]).
  • Powers v. 31 E 31 LLC, 123 A.D.3d 421 (N.Y. App. Div. 1st Dep't 2014).published
    Rest., 60 AD3d 558, 559 [1st Dept 2009], quoting Cupo v Karfunkel, 1 AD3d 48, 52 [2d Dept 2003]; see e.g.
  • Gammons v. City of New York, 109 A.D.3d 189 (N.Y. App. Div. 1st Dep't 2013).published 2 cites
    (requiring evidence of violations of industry-wide standards or accepted practices in the field to establish a violation of former section 27-127 of the Administrative Code, which provided, inter alia, that all buildings…)
  • Kamps v. New York City Transit Auth., 89 A.D.3d 421 (N.Y. App. Div. 1st Dep't 2011).published
    Rest, 60 AD3d 558, 559 [2009]).
  • Nunez-Wilson v. Carmo Realty, 85 A.D.3d 888 (N.Y. App. Div. 2d Dep't 2011).published
    Rest., 60 AD3d 558, 559 [2009]).
  • Cusumano v. City of New York, 937 N.E.2d 74 (N.Y. 2010).published 2 cites
    Rest., 60 AD3d 558, 559 [1st Dept 2009]; see also Jones v City of New York, 32 AD3d 706, 706-707 [1st Dept 2006] [requiring evidence of a “particular professional or industry standard” to substantiate assertions about the alleged safety pr…
  • McGuire v. 3901 Indep. Owners, Inc., 74 A.D.3d 434 (N.Y. App. Div. 1st Dep't 2010).published
    Rest, 60 AD3d 558, 559 [2009]).
  • Hinton v. City of New York, 73 A.D.3d 407 (N.Y. App. Div. 1st Dep't 2010).published
    Rest., 60 AD3d 558, 559 [2009]).
Show 1 more citing case
876 N.Y.S.2d at 26 holding restaurant’s entranceway not inherently dangerous based on'a lack of complaints to the general manager, previous accidents, or code violations1 citing case1 citing court put it this way
  • Chaney v. Starbucks Corp., 115 F. Supp. 3d 380 (S.D.N.Y. 2015).published
    (holding restaurant’s entranceway not inherently dangerous based on'a lack of complaints to the general manager, previous accidents, or code violations)
Retrieving the full opinion text from the archive…
Eileen Burke
v.
Canyon Road Restaurant
Appellate Division of the Supreme Court of the State of New York.
Mar 26, 2009.
Published opinion
60 A.D.3d 558
Cited by 25 opinions  |  Published

[*559] Order, Supreme Court, Bronx County (John A. Barone, J.), entered June 13, 2008, which, in this action for personal injuries sustained when plaintiff Eileen Burke fell while exiting defendants’ restaurant, granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The entranceway at issue included a step leading to a door that led into the restaurant, and the accident occurred when plaintiff fell when she missed the step while leaving the restaurant. Although landowners have a duty to maintain their property in a reasonably safe condition, and to warn of latent hazards of which they are aware (see Basso v Miller, 40 NY2d 233, 241 [1976]), a court is not “precluded from granting summary judgment to a landowner on the ground that the condition complained of by the plaintiff was both open and obvious and, as a matter of law, was not inherently dangerous” (Cupo v Karfunkel, 1 AD3d 48, 52 [2003]). Based on the deposition testimony that there was no debris or water on the ground where plaintiff fell, that she did not trip or slip on anything, that the area of the accident was illuminated, and that the general manager of the restaurant for the last several years was not aware of any complaints or accidents, or code violations or repairs of the front step, defendants demonstrated their prima facie entitlement to summary judgment (see Jones v Presbyterian Hosp. in City of N.Y., 3 AD3d 225, 226 [2004]).

In opposition, plaintiff failed to raise a triable issue of fact. Her expert referred to the general provisions of Administrative Code of the City of New York §§ 27-127 and 27-128, and opined that the entranceway was defectively maintained, but he failed to set forth any violations of industry-wide standards or accepted practices in the field (see Jones v City of New York, 32 AD3d 706, 707 [2006]). Furthermore, although an expert affidavit can nonetheless raise questions as to common-law negligence (see Wilson v Proctors Theater & Arts Ctr. & Theater of Schenectady, 223 AD2d 826, 828-829 [1996]), the evidence here fails to establish that the subject step was inherently dangerous or that it constituted a “hidden trap” (see Schreiber v Philip & Morris Rest. Corp., 25 AD2d 262, 263 [1966], affd 19 NY2d 786 [1967]; compare Chafoulias v 240 E. 55th St. Tenants Corp., 141 AD2d 207 [1988]). Concur—Andrias, J.P., Gonzalez, Buckley and Acosta, JJ.