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PETRONE v. FERNANDEZ

12 N.Y.3d 546 (2009)

MELANIE PETRONE, Respondent, v. BERNARD FERNANDEZ, Defendant, and JAMES McCLOY, Appellant.

Court of Appeals of New York.

Decided June 9, 2009.

Attorney(s) appearing for the Case

Terence F. Gilheany, New York City, and Bailey & Sherman, P.C., Douglaston, for appellant.

Law Offices of Michael A. Cervini, Jackson Heights (Michael A. Cervini and Robin Mary Heaney of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and JONES concur with Judge READ; Judge PIGOTT concurs in result in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

READ, J.

On May 9, 2005, plaintiff Melanie Petrone, a mail carrier employed by the United States Postal Service, was making the rounds on a "drive-out" mail route in Douglaston, Queens. At about 11:30 A.M., she parked her Honda Accord along the side of a one-way roadway, directly across the street from the house where defendant James McCloy resided at the time. The house's front door is set back about 15 feet from the sidewalk, and the...

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