BORRA v. WALDEN BOOKS, INC

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff tripped and fell over a footstool in an aisle in the defendant's book store. The plaintiff testified at her deposition that she did not observe the footstool before the accident.

The record establishes that the footstool over which the plaintiff tripped and fell was readily observable by the reasonable use of one's senses; therefore, the defendant established its entitlement to summary judgment dismissing the complaint (see Fabian v. Sunbury Footaction, 292 A.D.2d 340; Chiranky v. Marshalls, Inc., 273 A.D.2d 266; Maravalli v. Home Depot U.S.A., 266 A.D.2d 437; Lamia v. Federated Dept. Stores, 263 A.D.2d 498). In opposition, the plaintiff failed to raise a triable issue of fact.

FEUERSTEIN, J.P., S. MILLER, FRIEDMANN and COZIER, JJ., concur.