Opinion
Submitted October 13, 1999
November 15, 1999
Irom, Wittels, Freund, Berne and Serra, P.C., Bronx, N.Y. (Wesley M. Serra of counsel), for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N Y (Curtis B. Gilfillan and Larry H. Lum of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered December 16, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly was injured when she fell over a speed bump in the defendant's parking lot. It is well settled that there is no duty on the part of a landowner to warn against a condition that is readily observable by those employing the reasonable use of their senses (see, Paulo v. Great Atl. Pac. Tea Co., 233 A.D.2d 380 ; Ackerman v. Town of Fishkill, 201 A.D.2d 441, 443 ; Tarricone v. State of New York, 175 A.D.2d 308 ). As the defendant established its entitlement to summary judgment as a matter of law and the plaintiff failed to raise an issue of fact, the Supreme Court properly granted the defendant's motion (see, Paulo v. Great Atl. Pac. Tea Co., supra).
MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.