Legal Opinion
Rao-Boyle v. Alperstein
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 2007PublishedCited by 8 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (McCarty, J.), dated August 23, 2006, which granted the defendant’s 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 an open and obvious condition, which is not inherently dangerous as a matter of law (see Cupo v Karfunkel, 1 AD3d…
2Cases cited5 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
- Capozzi v. HuhneAppellate Division of the Supreme Court of the State of New York · 2005
- Errett v. Great Neck Park DistrictAppellate Division of the Supreme Court of the State of New York · 2007
- Meagher-Cox v. WinarskiAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by8 opinions
- Skouras v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Espada v. Mid-Island Babe Ruth League, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Lasky v. DalyAppellate Division of the Supreme Court of the State of New York · 2008
- Milone v. City of New YorkDistrict Court, S.D. New York · 2025
- Perez v. Dolgen Corp. of New York, Inc.District Court, S.D. New York · 2024
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