Boyle v. Pottery Barn Outlet

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Mayer, J), dated February 24, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Elizabeth Boyle allegedly was injured when she tripped and fell over a cardboard box in the aisle of a store owned by the defendant. On its motion for summary judgment, the defendant made a prima facie showing that the complained-of condition was both open and obvious, i.e., readily…