BROWN v. MELVILLE INDUSTRIAL ASSOCIATES


34 A.D.3d 611 (2006)

823 N.Y.S.2d 697

IRENE BROWN et al., Respondents, v. MELVILLE INDUSTRIAL ASSOCIATES, Appellant.

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

Decided November 21, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff Irene Brown allegedly tripped on a rock in a parking lot adjacent to the defendant's building near a median. The plaintiff claimed she observed the rock, which was approximately the size of a half dollar, after stepping on it.

The defendant made a prima facie showing that the complained-of condition was both open...

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