Capozzi v. Huhne
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 from an order of the Supreme Court, Nassau County (McCarty, J.), entered April 6, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
While a landowner must act as a reasonable person in maintaining his or her property in a reasonably safe condition in view of all the circumstances (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…
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
- Macey v. TrumanNew York Court of Appeals · 1987
- Jang Hee Lee v. Sung Whun OhAppellate Division of the Supreme Court of the State of New York · 2004
- Plessias v. John Vincent Scalia Home for Funerals, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kaufmann v. Lerner New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Errett v. Great Neck Park DistrictAppellate Division of the Supreme Court of the State of New York · 2007
- Bluth v. Bias Yaakov Academy for GirlsAppellate Division of the Supreme Court of the State of New York · 2014
- Capasso v. Village of GoshenAppellate Division of the Supreme Court of the State of New York · 2011
- Fernandez v. EdlundAppellate Division of the Supreme Court of the State of New York · 2006
16 more not listed; retrieve them via the Exa API.