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BARCHI v. RUDIN EAST 55TH STREET LLC

2130, 154886/13.

144 A.D.3d 444 (2016)

2016 NY Slip Op 07266

39 N.Y.S.3d 787

SIMON BARCHI, Appellant, v. RUDIN EAST 55TH STREET LLC et al., Respondents.

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

Decided November 3, 2016.

Defendants satisfied their prima facie burden by submitting evidence, including plaintiff's own testimony, demonstrating that the pile of Christmas trees over which plaintiff tripped was an open, obvious, and not inherently dangerous condition (see Lazar v Burger Heaven, 88 A.D.3d 591 [1st Dept 2011]; Baynes v City of New York, 81 A.D.3d 423 [1st Dept 2011]).

In opposition, plaintiff...

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