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BURKE v. CANYON ROAD RESTAURANT

60 A.D.3d 558 (2009)

876 N.Y.S.2d 25

EILEEN BURKE et al., Appellants, v. CANYON ROAD RESTAURANT et al., Respondents.

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

Decided March 26, 2009.

The entranceway at issue included a step leading to a door that led into the restaurant, and the accident occurred when plaintiff fell when she missed the step while leaving the restaurant. Although landowners have a duty to maintain their property in a reasonably safe condition, and to warn of latent hazards of which they are aware (see Basso v Miller, 40 N.Y.2d 233, 241 [1976]), a court is not "precluded from granting summary judgment...

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