Warner v Einsidler
2004 NY Slip Op 02280 [5 AD3d 298]
March 25, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


Jonathan Warner et al., Appellants,
v
Michael Einsidler et al., Respondents.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered November 29, 2002, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While putting on a shirt in defendants' house, plaintiff was injured when his hand came into contact with the blade of an operating ceiling fan. Plaintiff admitted that he had been aware of the presence of the ceiling fan immediately before he was injured. There was no evidence of any defect in the fan or its installation, nor was there any evidence of any building code violation. On this record, the fan did not pose a reasonably foreseeable hazard, and defendants were therefore entitled to summary judgment (see Jones v Presbyterian Hosp., 3 AD3d 225 [2004]; Goldban v 56th Realty, 304 AD2d 408 [2003]; Pinero v Rite Aid of N.Y., 294 AD2d 251, 253 [2002], affd 99 NY2d 541 [2002]; Pepic v Joco Realty, 216 AD2d 95, 96 [1995]). Concur—Tom, J.P., Andrias, Lerner, Friedman and Marlow, JJ.