Holdos v. American Consumer Shows, Inc.
Cases that cite this one
4 later published cases cite this decision.
- Hayward v. Zoria Hous., LLC (Appellate Division of the Supreme Court of New York 2020)
- Chaney v. Starbucks Corp. (District Court, S.D. New York 2015)
- Benjamin v. Trade Fair Supermarket, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Benson v. IT&LY Hairfashion, NA (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous (see Cupo v Karfunkel, 1 AD3d 48 [2003]). Here, the defendants established their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against each of them by presenting evidence that the yellow and blue cable cover over which the plaintiff allegedly tripped and fell while attending a trade show in a community college gymnasium was open and obvious, and was not inherently dangerous (see Russ v Fried, 73 AD3d 1153, 1154 [2010]; Jang Hee Lee v Sung Whun Oh, 3 AD3d 473, 474 [2004]; see also Pipitone v 7-Eleven, Inc., 67 AD3d 879, 880 [2009]). In opposi
Accordingly, the Supreme Court properly granted those branches of the defendants’ separate motions which were for summary judgment dismissing the complaint insofar as asserted against each of them. Florio, J.E, Belen, Roman and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.