Opinion
7980 Index 21098/15E
01-03-2019
Dina MANGIAFRIDDA, et al., Plaintiffs–Appellants, v. MASKER FRUIT FARMS, INC., et al., Defendants–Respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellants. Ehrlich Gayner LLP, New York (Charles J. Gayner of counsel), for respondents.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for appellants.
Ehrlich Gayner LLP, New York (Charles J. Gayner of counsel), for respondents.
Friedman, J.P., Richter, Gesmer, Kern, Moulton, JJ.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered December 2, 2016, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
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 Airport Antique Show & Flea Mkt., 271 A.D.2d 664, 706 N.Y.S.2d 463 [2d Dept. 2000] ; see also Fox v. Central Park Boathouse, LLC , 71 A.D.3d 598, 897 N.Y.S.2d 713 [1st Dept. 2010] ).