Crafa v Marshalls of MA, Inc. |
2008 NY Slip Op 10578 [57 AD3d 937] |
December 30, 2008 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Catherine Crafa et al., Respondents, v Marshalls of MA, Inc., et al., Appellants. |
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Seidner, Rosenfeld & Guttentag, LLP, Babylon, N.Y. (Jeffrey Guttentag of counsel), for respondents.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), entered January 30, 2008, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
On their motion for summary judgment dismissing the complaint, the defendants failed to offer evidence sufficient to show that the condition complained of by the plaintiffs was both open and obvious and, as a matter of law, not inherently dangerous (see Cupo v Karfunkel, 1 AD3d 48, 52 [2003]). Nor did the defendants meet their prima facie burden of demonstrating their lack of constructive notice regarding the allegedly hazardous condition that caused the injured plaintiff to fall (see Roussos v Ciccotto, 15 AD3d 641, 642-643 [2005]). Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. In light of the foregoing, it is not necessary to consider the sufficiency of the plaintiffs' opposition papers. Fisher, J.P., Florio, Carni and Chambers, JJ., concur.