Brenon v. Tops Markets, Inc.

Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s pretrial motion for summary judgment dismissing the complaint and defendant’s motion for a directed verdict at the close of proof at trial. The fact that the dangerous condition that caused Jane Brenon (plaintiff) to fall was readily observable may relieve defendant of the duty to warn of that condition but does not negate the duty of defendant to keep its premises in a reasonably safe condition (see, Williams v Chenango County Agric. Socy., 272 AD2d 906, 906-907; Holl v Holl, 270 AD2d 864).

The…