SCHWARTZ v. KINGS THIRD AVE. PHARMACY, INC.

12149, 107139/10

116 A.D.3d 474 (2014)

984 N.Y.S.2d 13

2014 NY Slip Op 2388

PHYLLIS SCHWARTZ, Appellant, v. KINGS THIRD AVE. PHARMACY, INC., Respondent.

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

Decided April 8, 2014.


Defendant established its entitlement to judgment as a matter of law in this action where plaintiff was injured when she allegedly tripped and fell over a display rack in the aisle of defendant's store. Defendant demonstrated that the display rack was an open and obvious condition and was not inherently dangerous (see e.g. Schulman v Old Navy/Gap, Inc., 45 A.D.3d 475 [1st Dept 2007])....

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