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LACERRA v. CVS PHARMACY

2015-07650, Index No. 101603/13.

143 A.D.3d 674 (2016)

2016 NY Slip Op 06474

38 N.Y.S.3d 267

FRANCES LACERRA, Appellant, v. CVS PHARMACY, Defendant, and TOTTENVILLE COMMONS, LLC, Respondent.

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

Decided October 5, 2016.

Ordered that the order is affirmed, with costs.

While a property owner has a duty to maintain its premises in a reasonably safe manner for its patrons (see Basso v Miller, 40 N.Y.2d 233, 241 [1976]), there is no duty to protect or warn against an open and obvious condition which is not inherently dangerous (see Gallub v Popei's Clam Bar, Ltd., of Deer Park, 98 A.D.3d 559 [2012];...

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