| Espada v Mid-Island Babe Ruth League, Inc. |
| 2008 NY Slip Op 03414 [50 AD3d 843] |
| April 15, 2008 |
| Appellate Division, Second Department |
| John Espada et al., Appellants, v Mid-Island Babe RuthLeague, Inc., Respondent. |
—[*1] Faust Goetz Schenker & Blee LLP, New York, N.Y. (Lisa L. Gokhulsingh of counsel), forrespondent.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Richmond County (McMahon, J.), dated April 11, 2007, which grantedthe defendant's motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff John Espada fell and was injured in a parking lot owned and operated by thedefendant. Thereafter, he and his wife, derivatively, sued the defendant alleging, in effect, that hefell because the parking lot was constructed and maintained in an unsafe condition. The SupremeCourt granted the defendant's motion for summary judgment dismissing the complaint and weaffirm.
The defendant established its entitlement to judgment as a matter of law by submittingevidence sufficient to demonstrate that the condition complained of by the plaintiffs was openand obvious, known to the injured plaintiff, and not inherently dangerous. In opposition, theplaintiffs failed to submit evidence sufficient to raise a triable issue of fact (see Basso vMiller, 40 NY2d 233, 241 [1976]; Comack v VBK Realty Assoc., Ltd., 48 AD3d 611 [2008]; Cupo v Karfunkel, 1 AD3d 48, 52[2003]; see generally Rao-Boyle vAlperstein, 44 AD3d 1022 [2007]; cf. Hogan v Baker, 29 AD3d 740 [2006]). Accordingly, theSupreme Court properly granted the motion for summary judgment (see generally Alvarez vProspect Hosp., 68 NY2d 320, 324 [1986]). Mastro, J.P., Santucci, Eng and Belen, JJ.,concur.