A property owner has a duty to maintain the property in a reasonably safe condition. However, the owner has no duty to protect or warn against a condition that is both open and obvious and not inherently dangerous or trivial in nature. A defendant seeking summary judgment dismissing a cause of action on the ground that an alleged defect is trivial must make a prima facie showing that the defect is physically insignificant and that the characteristics of the defect or the surrounding circumstances do not increase the risks it poses. A defendant is considered to have constructive notice of a dangerous condition when it is visible and apparent, and has existed for a sufficient length of time prior to the accident to permit the defendant's employees to discover the condition and remedy it.
Bilancione v. Garden Homes Mgt. Corp., NY Slip Op 03157 (2d Dep't June 12, 2024)
