WARD v. RUPPERT HOUS. CO., INC.

15646, 115058/10

130 A.D.3d 467 (2015)

13 N.Y.S.3d 76

2015 NY Slip Op 05893

MARY THERESA WARD, Respondent, v. RUPPERT HOUSING COMPANY, INC., Appellant, et al., Defendant.

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

Decided July 7, 2015.


Summary judgment was properly denied in this action where plaintiff was injured when she tripped over her neighbor's doormat that was in front of plaintiff's apartment door. According to plaintiff, the accident occurred when she first stepped out of her apartment and was looking straight ahead into the hallway. The record presents triable issues of fact as to whether the doormat was an open and obvious condition. Although plaintiff testified she had previously observed the...

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