Legal Opinion
Germain v. Hegedus
Appellate Division of the Supreme Court of the State of New York
Decided December 24, 2001PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), entered September 15, 2000, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
While an owner and occupier of land has a duty to act reasonably to maintain safe conditions in view of all circumstances (see, Basso v Miller, 40 NY2d 233), there is no duty to protect or warn against a condition that can be readily observed by a reasonable use of one’s senses (see, Moran v…
2Cases cited7 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Tagle v. JakobNew York Court of Appeals · 2001
- Zaffiris v. O'LoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Tarrazi v. 2025 Richmond Avenue Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Moran v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jang Hee Lee v. Sung Whun OhAppellate Division of the Supreme Court of the State of New York · 2004
- Czorniewy v. MoseraAppellate Division of the Supreme Court of the State of New York · 2002
- Rogers v. Spirit Cruises, Inc.Appellate Terms of the Supreme Court of New York · 2003
- Persing v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002