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HECHT v. 281 SCARSDALE CORP

Appellate Division of the Supreme Court of New York, Second Department.
Jan 26, 2004
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment, as the overhead pipe and valve near the wall of the defendants' parking garage upon which the plaintiff struck his head was open and obvious and not inherently dangerous as a matter of law ( see Cupo v. Karfunkel, 1 A.D.3d 48; see also Jang Hee Lee v. Sung Whun Oh, A.D.3d [2d Dept, Jan. 12, 2004]; Gibbons v. Lido Point Lookout Fire Dist., 293 A.D.2d 646; Sorce v. Great Oak Marina, 282 A.D.2d 598). Therefore, the defendants had no duty to warn and did not breach their duty to maintain their property in a reasonably safe condition ( see Cupo v. Karfunkel, supra; Gibbons v. Lido Point Lookout Fire Dist., supra; Sorce v. Great Oak Marina, supra).

The plaintiff's remaining contentions are without merit.

ALTMAN, J.P., SMITH, LUCIANO and COZIER, JJ., concur.