Scamardella v A. Duie Pyle, Inc.

Holding The Appellate Division reversed the lower court’s denial of summary judgment, holding that the City was not a proper party and that the school defendants owed no duty to warn against the open and obvious condition of the wooden pallet. The court found that the defendants established the condition was readily observable and not inherently dangerous, thereby defeating the plaintiff’s claim.

The court’s words

there is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous

2026 NY Slip Op 05565, at the official text

A condition is open and obvious if it is readily observable by those employing the reasonable use of their senses

2026 NY Slip Op 05565, at the official text

the defendants demonstrated, prima facie, that the condition was open and obvious and not inherently dangerous

2026 NY Slip Op 05565, at the official text