CONNOR v. KATONAH MUSEUM OF ART (1998)

Supreme Court, Appellate Division, Second Department, New York.

Anne O'CONNOR, et al., Appellants, v. KATONAH MUSEUM OF ART, Respondent.

Decided: June 22, 1998

Before O'BRIEN, J.P., and THOMPSON, FRIEDMANN and GOLDSTEIN, JJ.

Grace & Grace, Yorktown Heights (Michael J. Grace, of counsel), for appellants. Stern & Marquez, White Plains (Diane C. Miceli, of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered May 9, 1997, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for summary judgment, as the record demonstrates that the condition over which the injured plaintiff tripped and fell was not an inherently dangerous condition, and was one which was readily observable by those employing the reasonable use of their senses (see, Binensztok v. Marshall Stores, 228 A.D.2d 534, 535, 644 N.Y.S.2d 333; Pepic v. Joco Realty, 216 A.D.2d 95, 628 N.Y.S.2d 89).

MEMORANDUM BY THE COURT.

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