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.
As corrected through Wednesday, March 22, 2006


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.