Plaintiff tripped and fell over a decorative stone in the parking lot adjacent to our client’s restaurant. Plaintiff alleged that the stone came from the client’s landscaping. We moved for summary judgment on the theory that the stone was open, obvious and not inherently dangerous. We argued that plaintiff saw similar stones in the parking lot on her way into the restaurant and conceded that she did not take reasonable precautions to avoid the alleged condition on her way out. Plaintiff argued there was no evidence the stone plaintiff encountered earlier was the same stone she tripped on upon exiting and that the court misapplied the relevant case law concerning an open and obvious condition. The Appellate Division disagreed and affirmed the Supreme Court’s decision, awarding costs in our client’s favor.