Mooney v. Petro, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Dutchess County (Brands, J.), dated July 11, 2007, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint. In support of their motion, the defendants primarily argued that the allegedly *747dangerous condition which caused the subject accident was open and obvious. Although there is no duty to warn of an open and obvious…
2Cases cited11 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
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- DiVietro v. Gould Palisades Corp.Appellate Division of the Supreme Court of the State of New York · 2004
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