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MOONEY v. PETRO, INC.

51 A.D.3d 746 (2008)

858 N.Y.S.2d 689

FRANCIS MOONEY, JR., Respondent, v. PETRO, INC., et al., Appellants.

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

Decided May 13, 2008.

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 dangerous condition which caused the subject accident was open and obvious. Although there is no duty to warn of an open and obvious condition, this principle does not absolve a landowner of the...

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