Legal Opinion

Lasky v. Daly

Appellate Division of the Supreme Court of the State of New York

Decided April 1, 2008Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated April 12, 2007, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

A landowner has a duty to maintain his or her premises in a reasonably safe manner (see Basso v Miller, 40 NY2d 233 [1976]; Rao-Boyle v Alperstein, 44 AD3d 1022 [2007]; Espinoza v Hemar Supermarket, Inc., 43 AD3d 855 [2007]). However, he or she has no duty to protect or warn against an open and obvious…

2Cases cited7 opinions

  1. Basso v. MillerNew York Court of Appeals · 1976
  2. Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
  3. Espinoza v. Hemar Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Rao-Boyle v. AlpersteinAppellate Division of the Supreme Court of the State of New York · 2007
  5. Hecht v. 281 Scarsdale Corp.Appellate Division of the Supreme Court of the State of New York · 2004

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API