SWEENEY v. RIVERBAY CORP.

1969, 25009/05

76 A.D.3d 847 (2010)

907 N.Y.S.2d 214

MARGARET SWEENEY, Appellant, v. RIVERBAY CORPORATION, Respondents.

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

Decided September 14, 2010.


Plaintiff seeks damages for injuries she sustained after tripping and falling over a garden hose that had been placed across the sidewalk in front of a building managed by defendant. Even assuming that the deposition testimony and photographs suggesting the hose was clearly visible from all directions compels the conclusion as a matter of law that the hazard was open and obvious (see Tagle v Jakob, 97 N.Y.2d 165, 169 [2001]...

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