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DILLMAN v. CITY CELLAR WINE, BAR & GRILL

2013-10831

123 A.D.3d 758 (2014)

996 N.Y.S.2d 545

2014 NY Slip Op 08598

ROBERT DILLMAN, Appellant, v. CITY CELLAR WINE, BAR & GRILL, et al., Respondents, et al., Defendants.

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

Decided December 10, 2014.

Ordered that the order is affirmed, with costs.

A property owner has a duty to maintain his or her property in a reasonably safe manner (see Basso v Miller, 40 N.Y.2d 233, 234 [1976]). However, a property owner has no duty to protect or warn against an open and obvious condition, which as a matter of law is not inherently dangerous (see Nelson v 40-01 N. Blvd. Corp., 95 A.D.3d 851

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