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MASTELLONE v. CITY OF NEW YORK

29 A.D.3d 540 (2006)

813 N.Y.S.2d 669

ANTHONY MASTELLONE et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

May 2, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff Anthony Mastellone allegedly was injured when he tripped and fell over the legs of a coat rack in a passageway at the defendant's premises. The defendant established its prima facie entitlement to summary judgment dismissing the complaint by submitting evidence demonstrating that the coat rack was an open and obvious condition and was not inherently dangerous (see Webber v Miller,

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