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MARCHETTI v. MODICA

65 A.D.3d 1095 (2009)

885 N.Y.S.2d 220

DENISE MARCHETTI, Appellant, v. GIUSEPPE MODICA et al., Respondents.

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

Decided September 15, 2009.

Ordered that the order is affirmed, with costs.

The defendants established, prima facie, their entitlement to judgment as a matter of law by demonstrating that the placement of furniture at the site of the subject accident was open and obvious and not inherently dangerous (see Neiderbach v 7-Eleven, Inc., 56 A.D.3d 632, 633 [2008]; Gagliardi v Walmart Stores, Inc., 52 A.D.3d 777...

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