CARRERA v. ROACH


44 A.D.3d 532 (2007)

844 N.Y.S.2d 30

FANNY CARRERA et al., Respondents, v. STEPHEN ROACH et al., Appellants.

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

Decided October 23, 2007.


No issues of fact exist as to the purely decorative nature of the stool on which plaintiff stood to reach the upper shelf of defendants' bookcase and the open and obvious danger of using it as a step stool. Nor is there an issue of fact as to defendants' lack of notice of plaintiff's use of the three-legged stool as a step stool. Accordingly, defendants were under no duty to either make the stool safe for use as a step stool (see Brown v New York Med. Coll. for Comprehensive...

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