Opinion
2000-09350
Argued December 4, 2001.
December 24, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), entered September 15, 2000, which granted the defendants' motion for summary judgment dismissing the complaint.
George David Rosenbaum, New York, N.Y. (Alexander J. Wulwick of counsel), for appellant.
Patrick Colligan, Harrison, N.Y. (Nick Migliaccio of counsel), for respondents.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed, with costs.
While an owner and occupier of land has a duty to act reasonably to maintain safe conditions in view of all circumstances (see, Basso v. Miller, 40 N.Y.2d 233), there is no duty to protect or warn against a condition that can be readily observed by a reasonable use of one's senses (see, Moran v. County of Dutchess, 237 A.D.2d 266; Perez v. New York City Indus. Dev. Agency, 223 A.D.2d 628; Zaffiris v. O'Loughlin, 184 A.D.2d 696; cf., Tagle v. Jakob, N.Y.2d [Nov. 28, 2001]). Here, the defendants established that the plaintiff was aware of a dangerous condition and proceeded at her own peril (see, Tarrazi v. 2025 Richmond Ave. Assocs., Inc., 260 A.D.2d 468; Bellofatto v. Frengs, 246 A.D.2d 566).
RITTER, J.P., FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.