The action was properly dismissed on the ground that it was not foreseeable, as a matter of law, that plaintiff, a telephone installer, would enter the attic from which she fell since defendant home owner was never given any indication that access to that remote area of the house would be required. And, even if plaintiff's entry into the attic was foreseeable, "`[t]here is no duty to warn against a condition which is readily observable'" (Pepic v Joco Realty,
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JOHNSON v. SUMMA
230 A.D.2d 633 (1996)
646 N.Y.S.2d 8
Patricia Johnson, Appellant, v. Paula Summa, Respondent and Third-Party Plaintiff, et al., Defendant. New York Telephone Co., Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
August 8, 1996
August 8, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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