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HOLDOS v. AMERICAN CONSUMER SHOWS, INC.

2011-03358

91 A.D.3d 823 (2012)

937 N.Y.S.2d 303

2012 NY Slip Op 489

KATHLEEN HOLDOS, Appellant, v. AMERICAN CONSUMER SHOWS, INC., et al., Respondents.

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

Decided January 24, 2012.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

There is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous (see Cupo v Karfunkel, 1 A.D.3d 48 [2003]). Here, the defendants established their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against each of them by presenting...

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