Groom v. Village of Sea Cliff
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by the brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered February 8, 2007, as granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs minor child climbed on to a moss-covered portion of a concrete groin at the Sea Cliff Beach and fell. “A landowner has a duty to exercise reasonable care in maintaining [its] property in a safe condition under all of the circumstances, including the likelihood of injury to others, the seriousness of the potential injuries, the burden of avoiding the risk, and the foreseeability of a potential plaintiffs presence on the property” (Kurshals v Connetquot Cent. School Dist., 227 AD2d 593, 593 [1996]; see Basso v Miller, 40 NY2d 233 [1976]; Doyle v State of New York, 271 AD2d 394 [2000]). However, a landowner has no duty to protect or warn against an open and obvious condition that is inherent or incidental to the nature of the property, and that could be reasonably anticipated by those using it (see Progressive Northeastern Ins. Co. v Town of Oyster Bay, 40 AD3d
Case-law data current through December 31, 2025. Source: CourtListener bulk data.