Plaintiff was injured when he leaned against an unlocked gate on property owned and maintained by NYCHA, and the gate swung open and he fell. Plaintiff testified that the presence of the gate was not readily observable because the gate was not sufficiently distinguishable from the adjacent stationary fencing.
Upon our review of the photographic evidence in the record, we conclude that the presence of the unlocked gate was open and obvious to a person making reasonable...
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