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POPEK v. STATE OF NEW YORK

279 A.D.2d 622 (2001)

719 N.Y.S.2d 708

DANUTA POPEK, as Administrator of the Estate of AGIESZKA POPEK, Also Known as AGNES POPEK, Deceased, Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 91227.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 29, 2001.

Ordered that the interlocutory judgment is reversed insofar as appealed from, on the law, with costs, and the claim is dismissed.

The defendant was not required to warn of the dangerous condition which resulted in the decedent's injuries and ultimate death as the condition could have been "`readily observed by the reasonable use of [one's] senses'" (Rowell v Town of Hempstead, 186 A.D.2d 553; see, Cimino v Town of Hempstead...

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