Siegfried v. West 63 Empire Assoc., LLC

Citations: 2016 NY Slip Op 8163; 145 A.D.3d 456; 43 N.Y.S.3d 33Docket: 2376 101662/12

Court: Appellate Division of the Supreme Court of the State of New York; December 5, 2016; New York; State Appellate Court

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Wendy Siegfried, the plaintiff-appellant, appealed an order from the Supreme Court, New York County, which granted summary judgment to the defendants, West 63 Empire Associates, LLC, and the Chetrit Group, LLC, dismissing her complaint. The incident involved Siegfried tripping and falling on an interior stairway platform in a building managed by the defendants. The court found that Siegfried failed to allege that the condition was a design defect violating specific safety statutes and did not present evidence to establish that such a defect caused her accident.

Defendant CGM EMP, LLC, which operated the restaurant where Siegfried intended to dine, demonstrated its entitlement to judgment by providing evidence that the platform was open and obvious, and not inherently dangerous. Siegfried's attempt to introduce an "optical confusion" theory in response to the defendants' motions was deemed improper, as it was not included in her initial complaint or bill of particulars. Moreover, her deposition indicated that she noticed a warning sign prior to the fall and observed the platform afterward, confirming that the area was well-lit and not a hidden trap.

Even assuming Siegfried's expert affidavit was admissible, it did not present a triable issue of fact, lacking specificity and supporting evidence related to safety standards. The Appellate Division unanimously affirmed the lower court's decision, underscoring that the plaintiff failed to substantiate her claims. The decision was entered on December 6, 2016.