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PIZZOLO v. THYSSENKRUPP EL. CORP.

159843/16. Appeal No. 12620. Case No. 2020-02518.

189 A.D.3d 560 (2020)

133 N.Y.S.3d 822

2020 NY Slip Op 07514

Vincent Pizzolo, Respondent, v. Thyssenkrupp Elevator Corporation, Appellant.

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

Decided December 15, 2020.

Attorney(s) appearing for the Case

Babchik & Young, LLP, White Plains ( Matthew C. Mann of counsel), for appellant.

Ross, Legan, Rosenberg, Zelen & Flaks, LLP, New York ( Richard H. Rosenberg of counsel), for respondent.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.

Defendant met its prima facie burden of establishing that the wooden pallet stacked with boxes containing elevator controllers, which plaintiff tripped over, was open and obvious and not inherently dangerous. Plaintiff's photographs show that the pallet was readily visible, and the photographs and the parties' testimony together show that the pallet was situated flush against a diagonal support beam and was not obstructing any...

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