In a decision dated March 5, 2026, the First Department, Appellate Division unanimously affirmed the granting of summary judgment to our clients, 2001 Marcus Avenue LLC, 2001 Marcus Avenue Special Manager LLC, Jeffrey Management Corp., The Feil Organization, Inc. Broadwall Management Corp. and Bldg 1031 LLC, dismissing the plaintiff’s entire complaint asserted against them arising from a trip and fall over a curb bordering a handicap access ramp.  The plaintiff sued the owner and managing agent of the parking lot where the accident occurred, alleging that she was injured after stepping from the parking lot onto the sidewalk of a parking valet island.  She claimed that she did not see the ramp as it was an “optical illusion”, despite the curb she stepped onto having bright yellow paint on it to warn pedestrians.  The First Department affirmed the granting of summary judgment to the defendants noting that the curb was painted bright yellow to distinguish it from the adjacent gray concrete ramp and black parking lot, making the allegedly dangerous condition open and obvious and not inherently dangerous.  The Court further noted that the curb which the plaintiff chose to step onto was raised to prevent wheelchair patrons from accidentally rolling into the parking lot, and it was not part of the marked pedestrian walkway. Moreover, the ramp complied with all relevant building codes, was approved before construction and after it was completed by the local municipality, and it had been in place for over 10 years without any prior incident. 

Norine Mueller v. 2001 March Avenue, LLC, et al., 2026 WL 615831, —N.Y.S.3d — (1st Dep’t Mar. 5, 2026)