Legal Opinion

Terranova v. Staten Island University Hospital

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

Decided December 16, 2008Published

1Opinion of the Court

*766A landowner is under no duty to protect or warn against an open and obvious condition, which, as a matter of law, is not inherently dangerous (see Fitzgerald v Sears, Roebuck & Co., 17 AD3d 522 [2005]; Orlando v Audax Constr. Corp., 14 AD3d 500 [2005]; Capozzi v Huhne, 14 AD3d 474 [2005]; Jang Hee Lee v Sung Whun Oh, 3 AD3d 473 [2004]; Cupo v Karfunkel, 1 AD3d 48 [2003]). Here, the plaintiff allegedly was injured when she tripped on the footrest of a wheelchair in a hospital room. The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the…

2Cases cited10 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
  3. Jang Hee Lee v. Sung Whun OhAppellate Division of the Supreme Court of the State of New York · 2004
  4. Capozzi v. HuhneAppellate Division of the Supreme Court of the State of New York · 2005
  5. Sewer v. Fat Albert's Warehouse, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

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