Opinion
15982, 21664/11.
10-27-2015
Audrey JACKSON, Plaintiff–Respondent, v. PARAMOUNT DECORATORS INC., et al., Defendants–Appellants.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant. McMahon & McCarthy, Bronx (Matthew J. McMahon of counsel), for respondent.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for appellant.
McMahon & McCarthy, Bronx (Matthew J. McMahon of counsel), for respondent.
TOM, J.P., RENWICK, ANDRIAS, MOSKOWITZ, MANZANET–DANIELS, JJ.
Opinion Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered January 6, 2015, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants failed to establish their entitlement to judgment as matter of law in this action where plaintiff alleges that she was injured when she tripped and fell over stools that were on display in an aisle of defendants' store. The stools were positioned by store personnel leaning against the aisle shelves, with their bottom feet protruding into the aisle. Although defendants showed that the stools' positioning was open and obvious, they failed to demonstrate that their placement was not inherently dangerous (see Westbrook v. WR Activities–Cabrera Mkts., 5 A.D.3d 69, 773 N.Y.S.2d 38 [1st Dept.2004] ; see also Furment v. Ziad Food Corp., 104 A.D.3d 562, 960 N.Y.S.2d 648 [1st Dept.2013] ; compare Schwartz v. Kings Third Ave. Pharmacy, Inc., 116 A.D.3d 474, 984 N.Y.S.2d 13 [1st Dept.2014] [evidence, including photographs, showed that base of display rack did not protrude into aisle and that rack was placed flat against shelving in the aisle] ).