In this matter, the plaintiff, who was employed by a debris removal company, walked onto an apartment fire escape to throw furniture over the railing and into a truck below. As he walked onto the fire escape, he stepped through the opening for the fire escape ladder, and fell several stories to the ground below. At the conclusion of the case, Rob Rausch moved for summary judgment and dismissal, arguing that the fire escape complied with all relevant Codes, that it was not dangerous or defective, and that the opening in the fire escape floor was an “open and obvious” condition that should have been observed. Rob supported the motion with Affidavits from an engineer and the local municipal fire inspector, among other evidence. Plaintiff opposed the motion, but Supreme Court, Dutchess County, agreed with the defense arguments, and held that the plaintiff had failed to prove a defective condition and that the sole cause of the accident was plaintiff’s inattentiveness. As a result, the Court granted the defense motion and dismissed the case in its entirety.