Opinion
November 15, 1999
Warren S. Hecht, Forest Hills, N.Y., for appellants.
Mound, Cotton Wollan, New York, N.Y. (Wayne R. Glaubinger, Rachel J. Yosevitz, and Daniel Markewich of counsel), for respondent.
DANIEL W. JOY, J.P., WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCarty, J.), dated September 23, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff Lucille Weiner, while a customer in the defendant's store, allegedly tripped over the legs of a clothing rack as she was walking down an aisle between the racks. The Supreme Court properly awarded summary judgment to the defendant dismissing the complaint. The defendant had no duty to warn against a condition which is readily observable, such as the narrowness of a pathway created by clothing racks ( see, Lamia v. Federated Department Stores, Inc., 263 A.D.2d 498 [2d Dept., July 19, 1999]; Sewer v. Fat Albert's Warehouse, 235 A.D.2d 414).
JOY, J.P., FRIEDMANN, GOLDSTEIN, and McGINITY, JJ., concur.