Gagliardi v. Walmart Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered April 24, 2007, as granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
A landowner has a duty to maintain its premises in a reasonably safe manner (see Basso v Miller, 40 NY2d 233 [1976]). However, a landowner has no duty to protect or warn against an open and obvious condition,…
2Cases cited8 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
- Jang Hee Lee v. Sung Whun OhAppellate Division of the Supreme Court of the State of New York · 2004
- Sclafani v. Washington MutualAppellate Division of the Supreme Court of the State of New York · 2007
- Espinoza v. Hemar Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by13 opinions
- Rivas-Chirino v. Wildlife Conservation SocietyAppellate Division of the Supreme Court of the State of New York · 2009
- Pipitone v. 7-Eleven, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Blocker v. Filene's Basement 51-00540Appellate Division of the Supreme Court of the State of New York · 2015
- Kane v. Peter M. Moore Constr. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Koepke v. Deer Hills Hardware, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
8 more not listed; retrieve them via the Exa API.