Opinion
Submitted January 24, 2001
February 20, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), entered April 18, 2000, which granted the motion of the defendant Sawmill Construction Corp., and the separate motion of the defendants Richard A. Schnapper and Keri L. Schnapper for summary judgment dismissing the complaint insofar as asserted against them.
Richard P. Neimark Associates (Carol R. Finocchio, New York, N Y of counsel), for appellant.
McCormick Turpin, Pearl River, N.Y. (Stephen L. Barry of counsel), for respondent Sawmill Construction Corp.
Gallina Connolly, White Plains, N.Y. (Nancy Quinn Koba of counsel), for respondents Richard A. Schnapper and Keri L. Schnapper.
Before: RITTER, J.P., KRAUSMAN, FLORIO and FEUERSTEIN, JJ., concur.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that the defendants had no duty to warn since the condition which allegedly caused the plaintiff to fall was readily observable by the reasonable use of one's senses (see, Casamassa v. Waldbaums's Inc., 276 A.D.2d 659; Tarrazi v. 2025 Richmond Ave. Assocs., 260 A.D.2d 468; Campanaro v. Arizona Lipnob Estates, 259 A.D.2d 581; Arthur v. New York City Housing Auth., 14 A.D.2d 519, affd 12 N.Y.2d 982).