| Spalding v Toomer |
| 2006 NY Slip Op 00109 [25 AD3d 373] |
| January 10, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Millicent Spalding et al., Appellants, v Victoria Toomer, Respondent. |
—[*1]
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about January 12, 2005, which, in an action for personal injuries by a tenant against her landlord, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff claims that when she rested her foot on a baseboard radiator, she cut her toe on a small piece of protruding wire, ultimately resulting in the amputation of her leg below the knee. The action was properly dismissed upon a record establishing as a matter of law that, in the circumstances presented, the protruding wire was not a dangerous condition. Concur—Mazzarelli, J.P., Andrias, Sullivan, Williams and Malone, JJ.