While a possessor of real property has a duty to maintain its premises in a reasonably safe condition, there is no duty to protect or warn against an open and obvious condition that, as a matter of law, is not inherently dangerous.
Hallahan v. City of New York, NY Slip Op 04791 (2d Dep't August 3, 2022)
A defendant is deemed to have constructive notice of a dangerous condition on its property when the condition is visible and apparent, and existed for a sufficient length of time prior to the accident to permit the defendant's employees to discover the condition and remedy it. In moving to dismiss on basis of notice, the defendant must offer some evidence as to when the area in question was last cleaned or inspected relative to the time of the accident. Mere reference to the defendant's general daily cleaning practices will not suffice. Here, the affidavit of the defendant's groundskeeper, who described his general daily cleaning practices, failed to establish, prima facie, that the defendant lacked constructive notice of the dangerous condition.
Hegeman v. City of Newburgh, NY Slip Op 04792 (2d Dep't August 3, 2022)
