SMITH v. COSTCO WHOLESALE CORPORATION


50 A.D.3d 499 (2008)

856 N.Y.S.2d 573

MARLENE SMITH, Respondent, v. COSTCO WHOLESALE CORPORATION, Appellant.

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

Decided April 24, 2008.


It is a well-established principle of law that a landowner is under a duty to maintain its property in a reasonably safe condition under the existing circumstances, which include the likelihood of injury to a third party, the potential that such an injury would be of a serious nature, and the burden of avoiding the risk (Basso v Miller, 40 N.Y.2d 233, 241 [1976]; Zuk v Great Atl. & Pac. Tea Co., Inc.,

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