The First Department granted defendant's motion to dismiss, in Schulman v. Old Navy, which was decided on November 27, 2007. Plaintiff had alleged injuries from striking a metal bracket on a clothing rack, but the court found no negligence on the store's part. The court noted that, ordinarily, the issue of whether a condition is hazardous or open and obvious is a question of fact. On these facts, though, it could be said, as a matter of law, that the bracket was open and obvious and not inherently dangerous. Plaintiff admitted to knowing that the bracket was there, and so plaintiff's argument that the bracket was covered with clothing was unavailing.