DENNEHY-MURPHY v. NORTOPIA SERVICE CENTER, INC.


61 A.D.3d 629 (2009)

876 N.Y.S.2d 512

CAROLINE DENNEHY-MURPHY et al., Appellants, v. NORTOPIA SERVICE CENTER, INC., et al., Respondents.

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

Decided April 7, 2009.


Ordered that the order is affirmed, with costs.

The injured plaintiff allegedly tripped and fell over a gasoline pump hose which was partially lying on the ground next to the pump housing at the defendants' gas station. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint, finding that the hose on the ground was an open and obvious condition. We affirm, but upon a different basis.

To impose liability upon a defendant...

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