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MIZELL v. BRIGHT SERVICES, INC.

38 A.D.3d 267 (2007)

832 N.Y.S.2d 14

VERONICA MIZELL, Respondent, v. BRIGHT SERVICES, INC., Appellant.

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

Decided March 8, 2007.

Defendant janitorial contractor contended that the allegedly dangerous condition was open and obvious. Even a hazardous condition that is open and obvious does not abate the duty to maintain the premises in a reasonably safe condition (Westbrook v WR Activities-Cabrera Mkts., 5 A.D.3d 69 [2004]). Should the jury conclude that an unreasonably dangerous condition existed, the facts that the condition was readily observable, and that...

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