You are here: / / SMALL DECORATIVE LANDSCAPING STONES ON THE PARKING LOT WERE OPEN AND OBVIOUS,...

SMALL DECORATIVE LANDSCAPING STONES ON THE PARKING LOT WERE OPEN AND OBVIOUS, SLIP AND FALL COMPLAINT PROPERLY DISMISSED.

The Second Department determined small decorative stones (used for landscaping), two or three of which were on the parking lot where plaintiff slipped and fell, constituted an open and obvious condition which was not actionable:

​

The [defendant] Olive Garden used small decorative stones outside as part of its landscaping, and the plaintiff alleged that two or three of the stones were in the parking lot. After exiting the Olive Garden at approximately 1:00 p.m. on June 17, 2008, the plaintiff walked to the parking lot toward her car, but fell before reaching it. She alleged that her fall resulted from stepping on one of the Olive Garden’s stones.

The Olive Garden made a prima facie showing that the complained-of condition was both open and obvious, i.e., readily observable by those employing the reasonable use of their senses, and not inherently dangerous … . In opposition, the plaintiff failed to raise a triable issue of fact. Lawrence v Darden Rests., Inc., 2017 NY Slip Op 04826, 2nd Dept 6-14-17

 

NEGLIGENCE (SLIP AND FALL, SMALL DECORATIVE LANDSCAPING STONES ON THE PARKING LOT WERE OPEN AND OBVIOUS, SLIP AND FALL COMPLAINT PROPERLY DISMISSED)/SLIP AND FALL (SMALL DECORATIVE LANDSCAPING STONES ON THE PARKING LOT WERE OPEN AND OBVIOUS, SLIP AND FALL COMPLAINT PROPERLY DISMISSED)/OPEN AND OBVIOUS (SLIP AND FALL, SMALL DECORATIVE LANDSCAPING STONES ON THE PARKING LOT WERE OPEN AND OBVIOUS, SLIP AND FALL COMPLAINT PROPERLY DISMISSED)

You might also like
SCHOOL DID NOT DEMONSTRATE IT DID NOT HAVE CONSTRUCTIVE KNOWLEDGE OF WATER ON THE FLOOR IN THIS SLIP AND FALL CASE; SCHOOL’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
ABSENT FRAUD, COLLUSION OR A MALICIOUS OR TORTIOUS ACT, DEFENDANT ATTORNEYS COULD NOT BE LIABLE FOR ACTING WITHIN THE SCOPE OF THEIR AUTHORITY AS AGENTS OF THE CLIENTS AND ALLEGEDLY ADVISING THEIR CLIENTS TO BREACH A CONTRACT WITH PLAINTIFFS (SECOND DEPT).
PLAINTIFF SUED BOTH THE COUNTY AND THE SHERIFF FOR ALLEGED EXPOSURE TO CONTAMINATED WATER IN THE SHOWER AT THE JAIL; THE ACTION AGAINST THE COUNTY WAS NOT BROUGHT UNDER A VICARIOUS LIABILITY THEORY (THE COUNTY IS NOT VICARIOUSLY LIABLE FOR THE ACTS OR OMISSIONS OF THE SHERIFF); RATHER THE CAUSE OF ACTION ALLEGED THE COUNTY WAS NEGLIGENT IN ITS OWN RIGHT (SECOND DEPT).
Permit Allowing the Killing of 62 Deer Properly Issued/Exception to the Mootness Doctrine Applied
Late Notice of Claim Should Not Have Been Allowed
QUESTION OF FACT WHETHER DEFENDANT’S EMPLOYEE SAW WHAT HE SHOULD HAVE SEEN BEFORE THE EMPLOYEE’S GARBAGE CART COLLIDED WITH PLAINTIFF’S SCOOTER AS PLAINTIFF BACKED OUT OF AN ELEVATOR (SECOND DEPT).
THE SOLE MEMBER OF THE LLC WHICH OWNED THE PROPERTY COULD NOT BE HELD LIABLE FOR THE DANGEROUS CONDITION SOLELY BY VIRTUE OF HIS MEMBER STATUS; HOWEVER THERE WAS A QUESTION OF FACT WHETHER THE LLC COULD BE LIABLE (SECOND DEPT).
RESPONDENT MATERNAL UNCLE IN THIS CUSTODY PROCEEDING DID NOT EFFECTIVELY WAIVE HIS RIGHT TO COUNSEL; ORDER REVERSED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFFS, PASSENGERS IN DEFENDANT’S CAR, ENTITLED TO SUMMARY JUDGMENT... PROOF OF GENERAL CLEANING PRACTICES DID NOT DEMONSTRATE A LACK OF CONSTRUCTIVE...