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CAICEDO v. CHEVEN KEELEY & HATZIS

59 A.D.3d 363 (2009)

874 N.Y.S.2d 82

ALICIA CAICEDO, Appellant, v. CHEVEN KEELEY & HATZIS et al., Respondents.

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

Decided February 26, 2009.

Defendants failed to establish their prima facie entitlement to judgment as a matter of law as they failed to make a prima facie showing that the condition complained of was not inherently dangerous (see Salomon v Prainito, 52 A.D.3d 803, 805 [2008]). An open and obvious hazard may negate the duty to warn, but it does not negate liability in negligence, because an owner still has a duty to ensure that its premises are maintained...

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