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FREDA WINT, appellant, v. FULTON STREET ART GALLERY, INC., defendant-respondent, MINISTER, ELDERS, AND DEACONS OF REFORMED PROTESTANT DUTCH CHURCH OF CITY OF NEW YORK, et al., defendants third-party plaintiffs-respondents; TONG CHANG CHAJ, et al., third-party defendants-respondents.

DECISION ORDER

ORDERED that the appeal from the order dated February 11, 1998, is dismissed, as that order was superseded by the order dated June 15, 1998, made upon reargument; and it is further,

ORDERED that the order dated June 15, 1998, is affirmed insofar as reviewed; and it is further,

ORDERED that the respondents Fulton Street Art Gallery, Inc., Tong Chang Chaj, and Sarah Chaj are awarded one bill of costs.

The plaintiff tripped and fell over a step as she entered the vestibule of an art gallery from the sidewalk. The plaintiff had previously entered the gallery to make a purchase earlier that same day without incident. The record establishes that the step did not present an inherently dangerous condition. Furthermore, since the step was readily observable by the reasonable use of one's senses, the defendants had no duty to warn the plaintiff of the condition ( see, Hopson v. Turf House, 252 A.D.2d 796; Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603; Paulo v. Great Atl. Pac. Tea Co., 233 A.D.2d 380; Binensztok v. Marshall Stores, 228 A.D.2d 534). Accordingly, the Supreme Court properly granted summary judgment dismissing the complaint.

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WINT v. FULTON STREET ART GALLERY, INC
(Jul 26, 1999)