SANCHEZ v. TOYS "R" US, INC.


303 A.D.2d 165 (2003)

754 N.Y.S.2d 884

GLADYS SANCHEZ, Respondent, v. TOYS "R" US, INC., Appellant.

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

Decided March 4, 2003.


Defendant fails to establish that, under the circumstances prevailing at its store just two days before Christmas, the rack over which plaintiff tripped, three feet wide by four feet long but only a few inches high, was so readily observable as to warrant summary judgment in its favor. Defendant's contention that it had no notice of the dangerous condition is improperly raised for the first time on appeal, and we decline to...

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