Cupo v. Karfunkel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Townes, J.
On this appeal we are asked to consider whether proof that an allegedly dangerous condition on real property is “open and obvious” precludes a finding of liability against a landowner. Recognizing that our decisions on this issue may appear inconsistent, we take this opportunity to clarify that the open and obvious nature of an allegedly dangerous condition is relevant to the issue of the comparative fault of the plaintiff and does not preclude a finding of liability against the landowner.
The plaintiff Denise Cupo was employed as a courier for Federal Express…
2Cases cited13 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Tagle v. JakobNew York Court of Appeals · 2001
- Peralta v. HenriquezNew York Court of Appeals · 2003
- MacDonald v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2003
- Plessias v. John Vincent Scalia Home for Funerals, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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- Jang Hee Lee v. Sung Whun OhAppellate Division of the Supreme Court of the State of New York · 2004
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