Morgan v. Tjx Companies, Inc.
Decision Date | 06 March 2007 |
Docket Number | 2006-04386. |
Parties | DIANE MORGAN, Respondent, v. TJX COMPANIES, INC., Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.
A landowner has a duty to maintain its premises in a reasonably safe manner (see Basso v Miller, 40 NY2d 233 [1976]). However, it has no duty to protect or warn against an open and obvious condition which is not inherently dangerous as a matter of law (see Fitzgerald v Sears, Roebuck & Co., 17 AD3d 522 [2005]; Orlando v Audax Constr. Corp., 14 AD3d 500 [2005]; Capozzi v Huhne, 14 AD3d 474 [2005]; Jang Hee Lee v Sung Whun Oh, 3 AD3d 473 [2004]; Cupo v Karfunkel, 1 AD3d 48 [2003]). The defendant established, prima facie, its entitlement to judgment as a matter of law by demonstrating that the display racks with which the plaintiff's shopping cart collided were open and obvious, known to her, and not inherently dangerous (see Mastellone v City of New York, 29 AD3d 540 [2006]; Lamia v Federated Dept. Stores, 263 AD2d 498 [1999]; Weiner v Saks Fifth Ave., 266 AD2d 390 [1999]; Sewer v Fat Albert's Warehouse, 235 AD2d 414 [1997]). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint.
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