Opinion
February 23, 1998
Appeal from the Supreme Court, Nassau County (Dunne, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The infant plaintiff was injured when she tripped and fell over the leg of a mobile display standing in an aisle of the defendant's store. Viewing the evidence in the light most favorable to the plaintiffs ( see, Hantz v. Fishman, 155 A.D.2d 415), we find that the presence of the display in the aisle did not constitute an inherently dangerous condition ( see, Varrone v. Dinaro, 209 A.D.2d 508). Furthermore, since the display and its legs were readily observable by a reasonable use of one's senses, the defendant had no duty to warn the infant plaintiff of this condition ( see, Sewer v. Fat Albert's Warehouse, 235 A.D.2d 414; Binensztok v. Marshall Stores, 228 A.D.2d 534; Ackermann v. Town of Fishkill, 201 A.D.2d 441, 443).
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.