Opinion
2002-06540.
December 29, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), entered June 13, 2002, which granted the defendants' separate motions, inter alia, for summary judgment dismissing the complaint.
Michael F. Mongelli II, P.C., Flushing, N.Y. (Edward J. Pavia, Jr., of counsel), for appellant.
Burns, Russo, Tamagi Reardon, LLP, Mineola, N.Y. (Arnold Stream of counsel), for respondent Town of Oyster Bay.
Ahmuty, Demers McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondent Village of Sea Cliff.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Barbara E. Van Riper of counsel), for respondent County of Nassau.
Before: SANDRA L. TOWNES and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
The plaintiff allegedly sustained injuries when she slipped and fell while descending a ramp leading from a sidewalk to a body of water located in the Village of Sea Cliff and the Town of Oyster Bay. At her deposition, the plaintiff acknowledged that she knew that the lower portion of the ramp was regularly submerged in sea water during high tide. Moreover, photographs submitted to the Supreme Court illustrated that the lower portion of the ramp was visibly water-stained, and was covered with patches of a bright green, moss-like substance. The Supreme Court granted the defendants' separate motions, inter alia, for summary judgment. We affirm.
It is well established that landowners are not obligated to warn against conditions on the land that could be readily observed by the use of one's senses ( see Cupo v. Karfunkel, A.D.2d [2d Dept, Oct. 27, 2003]; DeLaurentis v. Marx Realty Improvement, 300 A.D.2d 343; Moriello v. Stormville Airport Antique Show Flea Mkt., 271 A.D.2d 664). Moreover, landowners will not be held liable for injuries arising from a condition on the property that is inherent or incidental to the nature of the property, and that could be reasonably anticipated by those using it ( see Csukardi v. Bishop McDonnell Camp, 148 A.D.2d 657; see also Nardi v. Crowley Mar. Assocs., 292 A.D.2d 577). Here, the slippery state of the ramp was such a condition. Accordingly, the Supreme Court properly granted the defendants' separate motions, inter alia, for summary judgment.
FLORIO, J.P., FRIEDMANN, TOWNES and MASTRO, JJ., concur.