GERMAIN v. HEGEDUS

ORDERED that the order is affirmed, with costs.

While an owner and occupier of land has a duty to act reasonably to maintain safe conditions in view of all circumstances (see, Basso v. Miller, 40 N.Y.2d 233), there is no duty to protect or warn against a condition that can be readily observed by a reasonable use of one's senses (see, Moran v. County of Dutchess, 237 A.D.2d 266; Perez v. New York City Indus. Dev. Agency, 223 A.D.2d 628; Zaffiris v. O'Loughlin, 184 A.D.2d 696; cf., Tagle v. Jakob, N.Y.2d [Nov. 28, 2001]). Here, the defendants established that the plaintiff was aware of a dangerous condition and proceeded at her own peril (see, Tarrazi v. 2025 Richmond Ave. Assocs., Inc., 260 A.D.2d 468; Bellofatto v. Frengs, 246 A.D.2d 566).

RITTER, J.P., FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.