Rachlin v. 34th Street Partnership, Inc.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 6, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to demonstrate its entitlement to judgment *691as a matter of law in this action where plaintiff was injured when she tripped over a foot-long metal bar forming the base of a barrier used by defendant at its taxi stand. Defendant failed to established prima facie that the base was both open and obvious and not inherently dangerous. Plaintiff testified that the accident happened…