RIVERA v. VICTORIA'S SECRET STORES, LLC

15596, 155874/12

130 A.D.3d 436 (2015)

11 N.Y.S.3d 481

2015 NY Slip Op 05789

FRANCIS RIVERA, Appellant, v. VICTORIA'S SECRET STORES, LLC, Respondent, et al., Defendant.

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

Decided July 2, 2015.


Victoria's Secret established its entitlement to judgment as a matter of law, in this action where plaintiff alleges that she was injured when she tripped and fell over the white wooden base of a clothing rack. Victoria's Secret submitted photographic and testimonial evidence showing that the base was open and obvious, and not inherently dangerous, and that it did not have prior notice of any dangerous condition regarding the rack or its base (see Villanti v BJ's Wholesale...

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