Legal Opinion
Czorniewy v. Mosera
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 2002PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Richmond County (Maltese, J.), dated April 9, 2002, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
While an owner or occupier of land owes a duty of reasonable care to maintain his or her property in a safe condition (see Basso v Miller, 40 NY2d 233), there is no duty to protect or warn against an open and obvious danger, particularly…
2Cases cited6 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Tagle v. JakobNew York Court of Appeals · 2001
- Tarrazi v. 2025 Richmond Avenue Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Gonzalez v. Fastflex, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Germain v. HegedusAppellate Division of the Supreme Court of the State of New York · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- MacDonald v. City of SchenectadyAppellate 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
- Barry v. GoreckiAppellate Division of the Supreme Court of the State of New York · 2007