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MORGAN v. TJX COMPANIES, INC.

38 A.D.3d 508 (2007)

831 N.Y.S.2d 482

DIANE MORGAN, Respondent, v. TJX COMPANIES, INC., Appellant.

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

Decided March 6, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

A landowner has a duty to maintain its premises in a reasonably safe manner (see Basso v Miller, 40 N.Y.2d 233 [1976]). However, it has no duty to protect or warn against an open and obvious condition which is not inherently dangerous as a matter of law (see Fitzgerald v Sears, Roebuck &...

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