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MATTHEWS v. VLAD RESTORATION LTD.

3182, 104690/07.

74 A.D.3d 692 (2010)

904 N.Y.S.2d 391

LAURA MATTHEWS, Appellant, v. VLAD RESTORATION LTD. et al., Respondents.

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

Decided June 29, 2010.

Plaintiff, on her cell phone while hurrying across a scaffold to catch a bus, tripped on a lower horizontal brace and suffered injury. Defendants met their prima facie burden by showing the scaffold was open and obvious as a matter of law, and not inherently dangerous (Burke v Canyon Rd. Rest., 60 A.D.3d 558 [2009]; see also Connor v Taylor Rental Ctr., 278 A.D.2d 270 [2000]; ...

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