Legal Opinion
Morgan v. TJX Companies, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 2007PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 17, 2006, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.
A landowner has a duty to maintain its premises in a reasonably safe manner (see Basso v Miller, 40 NY2d 233 [1976]). However, it has no duty to protect or warn against an open and obvious condition which is not inherently…
2Cases cited11 opinions
- 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
- Jang Hee Lee v. Sung Whun OhAppellate Division of the Supreme Court of the State of New York · 2004
- Capozzi v. HuhneAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by2 opinions
- Dietzen v. Aldi 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