O'Rourke v. Sachel Hardware, Inc.

Order, Supreme Court, New York County (Herman Cahn, J.), entered July 17, 1990, denying defendant Wong’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, the motion granted and the complaint dismissed as to defendant Wong. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as to him.

Plaintiff was injured when she tripped over a six to seven foot metal pole that had been left propped up against the wall of Sachel Hardware Store at 93-15 63rd Drive in Queens. The premises were…