Proof that a dangerous condition is open and obvious does not preclude a finding of liability, but, rather, is relevant to the issue of the plaintiff's comparative negligence. In order to succeed on a motion for summary judgment, the defendant must establish that the condition was both open and obvious and, as a matter of law, was not inherently dangerous.
Baran v. Port Auth. of N.Y. & N.J., NY Slip Op 04589 (2d Dep't July 28, 2021)
Tomorrow's issue: An action to foreclose a mortgage.
