Saretsky v. 85 Kenmare Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
In this personal injury action, we reiterate the well-established principle that a finding of “open and obvious” as to a hazardous condition is never fatal to a plaintiffs negligence claim. It is relevant only to plaintiff’s comparative fault. Therefore, we unanimously reverse the grant of summary judgment in favor of defendants 85 Kenmare Realty Corp. and Sheryl Shoe Incorporated and reinstate the complaint.
On May 21, 2007, the plaintiff was injured when she fell off a raised walkway in front of the defendant’s building after exiting the codefendant store…
2Cases cited7 opinions
- Westbrook v. WR Activities-Cabrera MarketsAppellate Division of the Supreme Court of the State of New York · 2004
- Thornhill v. Toys "R" Us NYTEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Chafoulias v. 240 E. 55th Street Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Brooks v. Bergdorf-Goodman Co.Appellate Division of the Supreme Court of the State of New York · 1958
- Schreiber v. Philip & Morris Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1966
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