PAMPILLONIA v. BURDUCEA

2009-07038

68 A.D.3d 1081 (2009)

2009 NY Slip Op 9632

892 N.Y.S.2d 451

JOHN PAMPILLONIA, Respondent, v. MAHI BURDUCEA et al., Appellants.

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

Decided December 22, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied, upon reargument, 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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