201705.25
0

Plaintiff tripped and fell over the foot of a decorative barricade in our client’s grocery store, claiming that it dangerously encroached into the aisle and constituted a trap for the unwary.  We moved for summary judgment on the theory that the barricade and its foot were open, obvious and not inherently dangerous.  We argued that plaintiff saw the barricade and could have avoided it if she reasonably used her senses.  Supreme Court denied our motion, holding that we did not establish prima facie entitlement to summary judgement.  On appeal, the Second Department found that we established prima facie entitlement to summary judgment, reversed Supreme Court’s denial, dismissed plaintiff’s complaint and awarded costs.