Legal Opinion

King v. 230 Park Owners Corp.

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

Decided May 15, 2012PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Rothenberg, J.), dated June 16, 2011, which denied their 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]). However, he or she has no duty to protect or warn against open and obvious conditions that are not inherently dangerous (see Weiss v Half Hollow Hills Cent. School Dist., 70…

2Cases cited9 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. Mazzarelli v. 54 Plus Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Weiss v. Half Hollow Hills Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
  5. Cassone v. StateAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by2 opinions

  1. Robles v. BruhnsAppellate Division of the Supreme Court of the State of New York · 2012
  2. Robles v. BruhnsAppellate Division of the Supreme Court of the State of New York · 2012

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