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PRICE v. STAPLES THE OFFICE SUPERSTORE EAST, INC.

5270, 106285/08.

85 A.D.3d 447 (2011)

924 N.Y.S.2d 92

2011 NY Slip Op 4745

DARNELL PRICE, Appellant, v. STAPLES THE OFFICE SUPERSTORE EAST, INC., Respondent.

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

Decided June 7, 2011.

Dismissal of this action was not warranted because even assuming that the evidence demonstrates that the carpet was visible from all directions and compels the conclusion that the hazard was open and obvious (see Tagle v Jakob, 97 N.Y.2d 165, 169 [2001]), triable issues exist as to whether defendant breached its duty to maintain the premises in a reasonably safe condition (see Westbrook v WR Activities-Cabrera Mkts.,

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