11/16/2009
Marchetti v. Modica
Plaintiff allegedly tripped and fell over furniture that was placed up against the defendant’s home and admittedly blocked part of a sidewalk. Plaintiff fractured her hip and required surgery. Following her surgery she became septic and expired. At the close of discovery, Andrea Sacco Camacho sucessfully argued that the furniture was an open and obvious condition that plaintiff could have avoided. The court below agreed with Ms. Camacho and dismissed all claims against the defendant. Plaintiff appealed. After the issue was briefed and argued, the Second Department agreed with Ms. Camacho and the lower court and upheld the dismissal.