Legal Opinion

Faber v. Place Furniture, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 2017No. 5305Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered November 7, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendants established prima facie entitlement to summary judgment based on evidence that the single eight inch step onto the furniture display platform in defendants’ showroom—on which plaintiff wife tripped—was an illuminated, open and obvious condition which was readily observable by reasonable use…

2Cases cited3 opinions

  1. Franchini v. American Legion PostAppellate Division of the Supreme Court of the State of New York · 2013
  2. Acosta v. Gouverneur Court Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2015
  3. Barakos v. Old Heidelberg Corp.Appellate Division of the Supreme Court of the State of New York · 2016

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