Mizell v. Bright Services, Inc.

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered June 20, 2006, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant janitorial contractor contended that the allegedly dangerous condition was open and obvious. Even a hazardous condition that is open and obvious does not abate the duty to maintain the premises in a reasonably safe condition Westbrook v WR Activities-Cabrera Mkts., 5 AD3d 69 [2004]). Should the jury conclude that an unreasonably dangerous condition existed, the facts that the condition was…