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CRAFA v. MARSHALLS OF MA INC.

57 A.D.3d 937 (2008)

869 N.Y.S.2d 800

CATHERINE CRAFA et al., Respondents, v. MARSHALLS OF MA, INC., et al., Appellants.

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

December 30, 2008.

Ordered that the order is affirmed, with costs.

On their motion for summary judgment dismissing the complaint, the defendants failed to offer evidence sufficient to show that the condition complained of by the plaintiffs was both open and obvious and, as a matter of law, not inherently dangerous (see Cupo v Karfunkel, 1 A.D.3d 48, 52 [2003]). Nor did the defendants meet their prima facie burden of demonstrating their lack...

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