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DIANNE DELIA, Appellant-Respondent, v. 1586 NORTHERN BLVD. Co., LLC, Respondent-Appellant, and INTERNATIONAL HOUSE OF PANCAKES, Respondent. DIANNE DELIA, Appellant,

Landowners have a duty to maintain their property in a reasonably safe condition, and to warn of latent hazards of which they are aware ( Basso v. Miller, 40 NY2d 233). Although the open and obvious nature of a dangerous condition will not preclude a finding of liability against a landowner who causes foreseeable risks of harm through a failure to maintain the property in a reasonably safe condition, summary dismissal is appropriate where, as here, a plaintiff fails to demonstrate the existence of a dangerous condition ( Trincere v. County of Suffolk, 90 NY2d 976). Here, the photographs and testimony established that the walkway was not in a dangerous condition. The conclusory affidavit of plaintiff's expert failed to raise an issue of fact as to whether the walkway presented a foreseeable hazard triggering a duty to remedy or warn. In view of the foregoing, we need not reach the remaining arguments regarding indemnification ( see Bilinski v. Bank of Richmondville, 12 AD3d 911).

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DELIA v. 1586 NORTHERN BLVD. CO., LLC
(Mar 9, 2006)