1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 1 A.D.3d
  5. 1 A.D.3d 48 (2003)
 

CUPO v. KARFUNKEL

1 A.D.3d 48 (2003)

767 N.Y.S.2d 40

DENISE CUPO, Respondent, v. MICHAEL KARFUNKEL et al., Appellants, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 27, 2003.

Attorney(s) appearing for the Case

Dougherty, Ryan, Giuffra, Zambito & Hession, New York City (Robert J. Giuffra and Elliot Gaztambide, Jr., of counsel), for appellants.

Chelli & Bush, Staten Island (Marvin Ben-Aron of counsel), for respondent.

Richard W. Babinecz, New York City (Helman R. Brook of counsel), for Consolidated Edison Company of New York, Inc., defendant.

Michael A. Cardozo, Corporation Counsel, New York City (Francis F. Caputo and Elizabeth I. Freedman of counsel), for City of New York, defendant.

ALTMAN, J.P., KRAUSMAN and RIVERA, JJ., concur.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases