| Ridolfi v Williams |
| 2008 NY Slip Op 02000 [49 AD3d 295] |
| March 6, 2008 |
| Appellate Division, First Department |
| Jane Ridolfi, Appellant, v Anne Williams et al.,Respondents. |
—[*1] Mischel & Horn, P.C., New York City (Scott T. Horn of counsel), for respondents.
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 8,2007, which granted defendants' motion for summary judgment dismissing the complaint,unanimously affirmed, without costs.
The record evidence establishes that summary judgment was properly granted in this actionwhere plaintiff was injured when she slipped on the bottom step of defendants' exterior staircaseduring a rainstorm, and fell forward. The subject staircase was equipped with handrails on bothsides and plaintiff testified that despite the wet conditions, she did not hold onto the handrail asshe descended the stairs, which, according to both parties' experts, had a coefficient of frictionabove the standard. Regardless of the existence of any alleged building code violation in theconfiguration of the handrails, such was not a proximate cause of plaintiff's fall, and to find thatthe presence of an alternative handrail configuration would have prevented the fall would bebased on speculation (see Plowden vStevens Partners, LLC, 45 AD3d 659 [2007]; see also Jenkins v New York City Hous. Auth., 11 AD3d 358,359-360 [2004]). Concur—Mazzarelli, J.P., Saxe, Gonzalez and Acosta, JJ. [See2007 NY Slip Op 31539(U).]