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DELIA v. 1586 NORTHERN BLVD. CO., LLC

27 A.D.3d 269 (2006)

812 N.Y.S.2d 45

DIANNE DELIA, Appellant-Respondent, v. 1586 NORTHERN BLVD. Co., LLC, Respondent-Appellant, and INTERNATIONAL HOUSE OF PANCAKES, Respondent. DIANNE DELIA, Appellant, v. 1586 NORTHERN BLVD. CO., LLC, et al., Respondents.

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

March 9, 2006.

Landowners have a duty to maintain their property in a reasonably safe condition, and to warn of latent hazards of which they are aware (Basso v Miller, 40 N.Y.2d 233 [1976]). Although the open and obvious nature of a dangerous condition will not preclude a finding of liability against a landowner who causes foreseeable risks of harm through a failure to maintain the property in a reasonably safe condition, summary dismissal is appropriate...

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