GONZALEZ v. MOUNT VERNON NEIGHBORHOOD HEALTH CENTER, INC.

19, 307097/11

135 A.D.3d 618 (2016)

22 N.Y.S.3d 872

2016 NY Slip Op 00449

GEORGETTE GONZALEZ, Appellant, v. MOUNT VERNON NEIGHBORHOOD HEALTH CENTER, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 26, 2016.


Dismissal of the complaint was proper in this action where plaintiff was injured when she tripped and fell over the base of a stanchion that was being used to create a pathway to a service window. The record establishes that the condition complained of was open, obvious and not inherently dangerous (see Villanti v BJ's Wholesale Club, Inc., 106 A.D.3d 556 [1st Dept 2013]; Broodie v Gibco Enters., Ltd., 67...

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