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BROWN v. BASICS USA

Appellate Division of the Supreme Court of New York, Second Department.
Jan 26, 2004
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DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs to the defendants appearing separately and filing separate briefs.

The defendants each made a prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324). In this regard, the mannequin upon which the plaintiff Sharon Brown allegedly tripped was readily observable and not an inherently dangerous condition ( see Cupo v. Karfunkel, 1 A.D.3d 48). In opposition, the plaintiffs failed to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557, 562).

Accordingly, the Supreme Court properly granted the defendants' respective motions for summary judgment.

SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.