MASKER v. SMITH

2018-13780. Index No. 1315/16.

188 A.D.3d 867 (2020)

135 N.Y.S.3d 135

2020 NY Slip Op 06519

Levi Masker, Appellant, v. Lisa Smith, Respondent.

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

Decided November 12, 2020.


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's determination to grant the defendant's motion for summary judgment dismissing the complaint. The defendant established her prima facie entitlement to judgment as matter of law. A landowner has a duty to maintain his or her premises in a reasonably safe condition, but has no duty to protect or warn against conditions that are open and obvious...

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