Majority
In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rothenberg, J.), dated June 16, 2011, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A landowner has a duty to maintain his or her premises in a reasonably safe manner (see Basso v Miller, 40 NY2d 233 [1976]). However, he or she has no duty to protect or warn against open and obvious conditions that are not inherently dangerous (see Weiss v Half Hollow Hills Cent. School Dist., 70 AD3d 932 , 933 [2010]; Bretts v Lincoln Plaza Assoc., Inc., 67 AD3d 943 , 944 [2009]; Murray v Dockside 500 Mar., Inc., 32 AD3d 832 , 833 [2006]; Cupo v Karfunkel, 1 AD3d 48 , 51 [2003]).
Here, the defendants failed to establish, prima facie, that the condition that allegedly caused the plaintiffs injuries was open,
Accordingly, the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. Angiolillo, J.E, Lott, Roman and Miller, JJ., concur.
Cases cited
- Basso v. Miller 40 NY2d 233 p. 1079
- Weiss v. Half Hollow Hills Central School District 70 AD3d 932 at 933 p. 1079
- Bretts v. Lincoln Plaza Associates, Inc. 67 AD3d 943 at 944 p. 1079
- Murray v. Dockside 500 Marina, Inc. 32 AD3d 832 at 833 p. 1079
- Cupo v. Karfunkel 1 AD3d 48 at 51 p. 1079
- Beck v. Bethpage Union Free School District 82 AD3d 1026 at 1028 p. 1080
- Stoppeli v. Yacenda 78 AD3d 815 at 815-816 p. 1080
- Mazzarelli v. 54 Plus Realty Corp. 54 AD3d 1008 p. 1080