ZEGARELLI v. DUNDON

2011-08502.

102 A.D.3d 958 (2013)

958 N.Y.S.2d 302

2013 NY Slip Op 483

GIUSEPPE ZEGARELLI et al., Appellants, v. MARY C. DUNDON, Respondent.

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

Decided January 30, 2013.


Ordered that the order is affirmed, with costs.

The injured plaintiff, while delivering parcels to the defendant's home on a hot, misty day, allegedly slipped and fell on a brick walkway that had grass growing up between the bricks.

On her motion for summary judgment, the defendant made a prima facie showing that the complained-of condition was both open and obvious, i.e., readily observable by those employing the reasonable use of their senses, and not inherently...

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