Hoefler v Shoreham-Wading Riv. Cent. Sch. Dist.

Holding The court reversed the lower court’s denial of summary judgment, holding that the defendant school district established its prima facie entitlement to dismissal by demonstrating the air conditioning unit was an open and obvious condition that was not inherently dangerous. Consequently, the plaintiffs failed to raise a triable issue of fact regarding the property owner’s duty to warn or protect.

The court’s words

the defendant established its prima facie entitlement to judgment as a matter of law dismissing the complaint by demonstrating that the air conditioning unit protruding from the window was open and obvious and not inherently dangerous

2026 NY Slip Op 05384, at the official text

In a premises liability case, a defendant property owner . . . who moves for summary judgment has the initial burden of making a prima facie showing that it neither created the alleged defective condition nor had actual or constructive notice of its existence

2026 NY Slip Op 05384, at the official text

A condition is open and obvious if it is readily observable by those employing the reasonable use of their senses, given the conditions at the time of the accident

2026 NY Slip Op 05384, at the official text