Schulman v. Old Navy/The Gap, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*476Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered January 25, 2007, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
While the issue whether a condition is a hazard or open and obvious is usually a question of fact, a court may determine the condition to be open and obvious “when the established facts compel that conclusion” (Tagle v Jakob, 97 NY2d 165, 169 [2001]). Here, the condition of which…
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