WEINER v. SAKS FIFTH AVENUE


266 A.D.2d 390 (1999)

698 N.Y.S.2d 330

LUCILLE WEINER et al., Appellants, v. SAKS FIFTH AVENUE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 15, 1999.


Ordered that the order is affirmed, with costs.

The plaintiff Lucille Weiner, while a customer in the defendant's store, allegedly tripped over the legs of a clothing rack as she was walking down an aisle between the racks. The Supreme Court properly awarded summary judgment to the defendant dismissing the complaint. The defendant had no duty to warn against a condition which is readily observable, such as the narrowness of a pathway created by clothing racks (

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