CHIRANKY v. MARSHALLS, INC.


273 A.D.2d 266 (2000)

708 N.Y.S.2d 699

HELEN CHIRANKY et al., Appellants, v. MARSHALLS, INC., Respondent.

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

Decided June 12, 2000.


Ordered that the order is affirmed, with costs.

The injured plaintiff fell when her foot got caught on the bottom rail of a mobile clothes rack located in an aisle in the defendant's department store. The injured plaintiff testified at her deposition that she did not observe the rack at any point in time before the accident. The rack was not an inherently dangerous condition. Moreover, since the rack was readily observable by the reasonable use of one's senses, the...

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