Nesbitt v. Town of Poughkeepsie

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. “A landowner has a duty to maintain its premises in a reasonably safe manner” (Capasso v Village of Goshen, 84 AD3d 998, 999 [2011] [internal quotation marks omitted]; see Basso v Miller, 40 NY2d 233 [1976]; Russ v Fried, 73 AD3d 1153, 1154 [2010]). “However, there is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous” (Capasso v Village of Goshen, 84 AD3d at 999 [internal quotation marks omitted]; see Russ v Fried, 73…