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PLESSIAS v. JOHN VINCENT SCALIA HOME
Appellate Division of the Supreme Court of New York, Second Department.
Apr 3, 2000
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
A concrete parking lot divider which is clearly visible presents no unreasonable risk of harm (see, Naim v. Schwartz Bros. Mem. Chapels, 232 A.D.2d 383 ). Since the record amply demonstrated that the concrete divider over which the plaintiff tripped and fell was not an inherently dangerous condition, and was readily observable by those employing the reasonable use of their senses, the Supreme Court properly granted the defendants' motion for summary judgment (see, O'Connor v. Katonah Museum of Art, 251 A.D.2d 561 ; Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603;Binensztok v. Marshall Stores, 228 A.D.2d 534 ; Pilato v. Diamond, 209 A.D.2d 393 ).
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