Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered July 23, 2003, which granted summary judgment to defendants Schiavone Construction Co., Inc. and Schiavone American Bridge Corp. (collectively Schiavone), unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated as against said defendants.
Plaintiff Maria Garrido sustained a fractured elbow when she tripped over a construction sign that had broken and fallen onto the sidewalk. She was walking down Jerome Avenue with two of her grandchildren, pushing one of them in a baby carriage and looking straight ahead when she fell over the sign, described as six feet long and four feet high and lying on the ground. Supreme Court granted Schiavone’s motion for summary judgment dismissing the complaint, reasoning that the hazard was open and obvious.
Establishing that a hazardous condition is open and obvious
