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McFeely v. Mercy Hosp. of Buffalo & Catholic Health Sys., Inc.
Citation: 2019 NY Slip Op 8030Docket: 925 CA 19-00522
Court: Appellate Division of the Supreme Court of the State of New York; November 7, 2019; New York; State Appellate Court
Original Court Document: View Document
Ann McFeely initiated a lawsuit against Mercy Hospital of Buffalo and Catholic Health System, Inc., claiming injuries from a fall while using a stairway on their premises. The Appellate Division of the Supreme Court of New York, Fourth Department, addressed an appeal by the defendants from a December 21, 2018 order that denied their motion for summary judgment. The court reversed the lower court's order, granting the defendants' motion and dismissing the complaint. In its decision, the court emphasized that liability for a dangerous or defective condition on property hinges on specific facts and circumstances. While such issues are typically for a jury to decide, summary judgment is warranted when a plaintiff fails to provide evidence of a defect or danger. The defendants supported their motion with plaintiff's deposition, videos, and photographs demonstrating that the stairway was not in a dangerous condition at the time of the incident. The surveillance footage indicated adequate lighting, the plaintiff's awareness of the stairway, and her use of a handrail, which contradicted her claim of "optical confusion." The court found that the plaintiff’s assertion about the stairs blending in color did not suffice to establish a dangerous condition. Additionally, a black mat at the bottom of the stairs clearly marked the transition to the floor, countering her claims. The expert report cited by the plaintiff was deemed irrelevant, as it did not pertain to conditions related to her fall, and prior similar accidents did not demonstrate sufficient similarity to raise a factual dispute. The order was entered on November 8, 2019, with the clerical conclusion provided by Mark W. Bennett, Clerk of the Court.