Appellate Division of the Supreme Court of New York, 1998

O'Connor v. Katonah Museum of Art

O'Connor v. Katonah Museum of Art
Appellate Division of the Supreme Court of New York · Decided June 22, 1998
251 A.D.2d 561; 676 N.Y.S.2d 183; 1998 N.Y. App. Div. LEXIS 7499
O'Connor v. Katonah Museum of Art

Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered May 9, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment, as the record demonstrates that the condition over which the injured plaintiff tripped and fell was not an inherently dangerous condition, and was one which was readily observable by those employing the reasonable use of their senses (see, Binensztok v Marshall Stores, 228 AD2d 534, 535; Pepic v Joco Realty, 216 AD2d 95). O’Brien, J. P., Thompson, Friedmann and Goldstein, JJ., concur.

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