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FABER v. THE PLACE FURNITURE, INC.

5305.

156 A.D.3d 581 (2017)

65 N.Y.S.3d 698

2017 NY Slip Op 09265

CAROL FABER et al., Respondents, v. THE PLACE FURNITURE, INC., Doing Business as THE PLACE FURNITURE GALLERIES, et al., Appellants.

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

Decided December 28, 2017.

Defendants established prima facie entitlement to summary judgment based on evidence that the single eight inch step onto the furniture display platform in defendants' showroom — on which plaintiff wife tripped — was an illuminated, open and obvious condition which was readily observable by reasonable use of one's senses (Schwartz v Kings Third Ave. Pharmacy, Inc., 116 A.D.3d 474 [1st Dept 2014]; Barakos v Old Heidelberg...

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