In this action to recover damages for injuries sustained after Plaintiff tripped and fell over the prongs of a forklift that was parked in a shopping aisle of a Home Depot, the Appellate Division, Second Department, in accordance with Horn appellate Group’s arguments on appeal, reversed the order awarding summary judgment to Defendant and reinstated the complaint, finding that Defendant had failed to eliminate all triable issues of fact as to whether the forklift was open and obvious and not an inherently dangerous condition.
