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GERMAIN v. HEGEDUS

289 A.D.2d 443 (2001)

735 N.Y.S.2d 426

ANN GERMAIN, Appellant, v. STEVEN HEGEDUS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 24, 2001.

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 N.Y.2d 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 County of Dutchess, 237 A.D.2d 266;

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