PLESSIAS v. JOHN VINCENT SCALIA HOME FOR FUNERALS INC (2000)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 29, 1999, which granted the defendants' motion for summary judgment dismissing the complaint.

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, 648 N.Y.S.2d 136).   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, 676 N.Y.S.2d 183;  Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603, 669 N.Y.S.2d 232;  Binensztok v. Marshall Stores, 228 A.D.2d 534, 644 N.Y.S.2d 333;  Pilato v. Diamond, 209 A.D.2d 393, 618 N.Y.S.2d 446).

MEMORANDUM BY THE COURT.