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KOEPKE v. DEER HILLS HARDWARE, INC.

2012-11219, Index No. 23275/10.

118 A.D.3d 957 (2014)

987 N.Y.S.2d 854

2014 NY Slip Op 4740

WILLIAM KOEPKE, Appellant, v. DEER HILLS HARDWARE, INC., et al., Respondents.

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

Decided June 25, 2014.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell in one of the aisles of the defendants' store and sustained injuries. The plaintiff subsequently commenced this personal injury action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that the plaintiff did not know what had caused him to fall and that, in any event, the alleged hazardous condition was open and obvious and...

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