WHITE v. GABRIELLI


272 A.D.2d 469 (2000)

707 N.Y.S.2d 505

ELIZABETH WHITE, Respondent, v. FRANK GABRIELLI, Appellant.

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

Decided May 15, 2000.


Ordered that the order is affirmed, with costs.

On August 22, 1993, the plaintiff tripped and fell backward over a wheel stop as she exited her car in a rooftop parking lot owned by the defendant. It is undisputed that the wheel stop was not anchored to the floor of the parking lot. The defendant asserts that he is not negligent, as a matter of law, because the wheel stop was clearly visible.

The defendant's failure...

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