Prroperty owners and parties in possession or control of real property have a duty to maintain the property in a reasonably safe condition. In moving for summary judgment, the defendant has the initial burden of making a prima facie showing that it neither created the alleged dangerous condition nor had actual or constructive notice of its existence for a sufficient length of time to have discovered and remedied it. There is no duty to protect or warn against conditions that are open and obvious and not inherently dangerous. Whether the condition is dangerous or defective depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury, precluding summary dismissal.
R.B. v. Sewanhaka Cent. High Sch. Dist., NY Slip Op 04616 (2d Dep't July 20, 2022)
