Legal Opinion
Lacerra v. CVS Pharmacy
Appellate Division of the Supreme Court of the State of New York
Decided October 5, 2016No. 2015-07650PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Green, J.), dated May 4, 2015, which granted the motion of the defendant Tottenville Commons, LLC, for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
While a property owner has a duty to maintain its premises in a reasonably safe manner for its patrons (see Basso v Miller, 40 NY2d 233, 241 [1976]), there is no duty to protect or warn against an open and obvious condition which is not…
2Cases cited10 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
- Sclafani v. Washington MutualAppellate Division of the Supreme Court of the State of New York · 2007
- Cardia v. Willchester Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Pipitone v. 7-Eleven, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bogaty v. Bluestone Realty NY, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Mayorga v. KokkorisAppellate Division of the Supreme Court of the State of New York · 2023
- Cox v. Cove 5, LLCAppellate Division of the Supreme Court of the State of New York · 2026