Majority
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty, J.), entered April 6, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
While a landowner must act as a reasonable person in maintaining his or her property in a reasonably safe condition in view of all the circumstances (see Basso v Miller, 40 NY2d 233 [1976]), there is “no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous” (Jang Hee Lee v Sung Whun Oh, 3 AD3d 473 , 474 [2004]; see Cupo v Karfunkel, 1 AD3d 48 [2003]).
The clear and undisputed evidence establishes, as a matter of law, that the gravel walkway into which a decorative cement slab was incorporated did not create an inherently dangerous condition. Any difference in elevation between the lawn of the subject premises and the gravel and the slab was readily observable to those employing the reasonable use of their senses and did not present an undue risk of harm (see Gibbons v Lido & Point Lookout Fire Dist., 293 AD2d 646 , 647 [2002]; Simmons v Sam's E., 293 AD2d 596 , 597 [2002]; Plessias v Scalia Home for Funerals, 271 AD2d 423 [2000]).
Cases cited
- Basso v. Miller 40 NY2d 233 p. 474
- Jang Hee Lee v. Sung Whun Oh 3 AD3d 473 at 474 p. 474
- Cupo v. Karfunkel 1 AD3d 48 p. 474
- Gibbons v. Lido 293 AD2d 646 at 647 p. 474
- Plessias v. John Vincent Scalia Home for Funerals, Inc. 271 AD2d 423 p. 474
- Macey v. Truman 70 NY2d 918 p. 475
- Mattes v. Joseph 282 AD2d 506 p. 475