The court rejected defendant's contention that she cannot be held liable as a matter of law because the pile of snow and ice that caused plaintiff's accident was open and obvious. An open and obvious condition only relieves a property owner of its duty to warn, and not the duty to ensure that the premises is maintained in a reasonably safe condition.
Martinez v. Contreras, NY Slip Op 02742 (1st Dep't May 18, 2023)
