Here, the defendant failed to establish, prima facie, that the hose, which was coiled and took up most of the width of the ramp, was not inherently dangerous (see Salomon v Prainito, 52 AD3d 803 [2008]; Fabish v Garden Bay Manor Condominium, 44 AD3d 820 [2007]; Belogolovkin v 1100-1114 Kings Highway LLC, 35 AD3d 514 [2006]; Palmer v Vitrano, 29 AD3d 656 [2006]). The fact that the condition was open and obvious only raised a triable issue of fact as to the injured plaintiffs comparative negligence (see Cupo v Karfunkel, 1 AD3d 48 [2003]). Although the defendant improperly raised for the first time in its reply papers the contention that it owed no duty of care to the injured plaintiff, we may consider it on appeal because the exis
Cooper v. American Carpet & Restoration Services, Inc.
69 A.D.3d 552
N.Y. App. Div.2010Check TreatmentAI-generated responses must be verified and are not legal advice.
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