Legal Opinion

Bastone v. 1144 Yonkers Avenue, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1999PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered December 16, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she fell over a speed bump in the defendant’s parking lot. It is well settled that there is no duty on the part of a landowner to warn against a condition that is readily observable by those employing the reasonable use of their senses (see, Paulo v…

2Cases cited3 opinions

  1. Tarricone v. StateAppellate Division of the Supreme Court of the State of New York · 1991
  2. Ackermann v. Town of FishkillAppellate Division of the Supreme Court of the State of New York · 1994
  3. Paulo v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by4 opinions

  1. Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  2. Brande v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2013
  3. Hughey v. Wal-Mart, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Brande v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2013

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