MANGIAFRIDDA v. MASKER FRUIT FARMS, INC.

7980. 21098/15E.

168 A.D.3d 406 (2019)

88 N.Y.S.3d 888

2019 NY Slip Op 00025

Dina Mangiafridda et al., Appellants, v. Masker Fruit Farms, Inc., et al., Respondents.

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

Decided January 3, 2019.


Plaintiff alleges that she was injured because of the hazardous nature of the roadway at defendants' apple orchard, which sloped downward and was rocky. However, as the rocky nature of the roadway is an open and obvious condition, inherent in the nature of an apple orchard, which plaintiff should have reasonably anticipated, the court correctly dismissed the complaint. Moreover, defendant had posted signs explicitly warning guests of the hazards. (Moriello v Stormville...

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