Cardia v. Willchester Holdings, LLC
825 N.Y.S.2d 269
N.Y. App. Div.
2006
Check Treatment

RECHIDE K. CARDIA, Respondent, v WILLCHESTER HOLDINGS, LLC, Appellant, and CVS PHARMACY, Respondent.

Supreme Court, Appellate Division, Second Department, New York

July 11, 2006

825 N.Y.S.2d 269

In an action to recover damages for personal injuries, the defendant Willchester Holdings, LLC, appeals from an order of the Supreme Court, Westchester County (LaCava, J.), entered May 22, 2006, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the appellant‘s motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

The plaintiff allegedly was injured when she tripped and fell over a concrete wheel stop in the parking lot of the defendant Willchester Holdings, LLC (hereinafter Willchester). A wheel stop or concrete parking lot divider which is clearly visible presents no unreasonable risk of harm (see ; ). Here, Willchester made a prima facie showing of entitlement to judgment as a matter of law by presenting photographs depicting the condition of the parking lot at the time of the plaintiff‘s accident, which demonstrate that the wheel stop over which the plaintiff tripped and fell was not an inherently dangerous condition, and was readily observable by those employing the reasonable use of their senses (see ; ; ; ; ; ). The affidavit of the plaintiff‘s expert was insufficient to raise an issue of fact because he offered only a generalized, conclusory opinion that the wheel stops in the parking lot violated good and accepted engineering safety practices (see ; ; ; ). Accordingly, Willchester‘s motion for summary judgment should have been granted.

Florio, J.P., Adams, Krausman and Rivera, JJ., concur.