Borra v. Walden Books, Inc.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), entered November 28, 2001, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff tripped and fell over a footstool in an aisle in the defendant’s book store. The plaintiff testified at her deposition that she did not observe the footstool before the accident.

The record establishes that the footstool over which…