Gallo v. Hempstead Turnpike, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff commenced this action to recover damages allegedly sustained when she tripped and fell over a concrete barrier that was affixed to a sidewalk and designed to prevent shopping carts from rolling beyond a certain point. The Supreme Court granted the defendants’ motion for summary judgment dismissing the complaint.
Although a landowner has a duty to maintain its premises in a reasonably safe manner (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 (see Neiderbach…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Basso v. MillerNew York Court of Appeals · 1976
- Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
- Sclafani v. Washington MutualAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by8 opinions
- Miller v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- Bogaty v. Bluestone Realty NY, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Lacerra v. CVS PharmacyAppellate Division of the Supreme Court of the State of New York · 2016
- Russo v. Incorporated Village of Atlantic BeachAppellate Division of the Supreme Court of the State of New York · 2014
- Bellini v. Gypsy Magic Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
3 more not listed; retrieve them via the Exa API.