Aievoli v. Matteini

Appellate Division of the Supreme Court of New York

Aievoli v. Matteini

254 A.D.2d 443, 679 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 11276

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 1998·Published

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated September 18, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants established as a matter of law that no dangerous or defective condition existed. The condition complained of was clearly visible and created no unreasonable risk of harm. Therefore, the defendants were not negligent and summary judgment was properly granted (see, Gross v Lewis, 5 NY2d 884; Piloto v Diamond, 209 AD2d 393). Rosenblatt, J. P., O’Brien, Sullivan, Krausman and Florio, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated September 18, 1997, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants established as a matter of law that no dangerous or defective condition existed. The condition complained of was clearly visible and created no unreasonable risk of harm. Therefore, the defendants were not negligent and summary judgment was properly granted (see, Gross v Lewis, 5 NY2d 884; Piloto v Diamond, 209 AD2d 393). Rosenblatt, J. P., O’Brien, Sullivan, Krausman and Florio, JJ., concur.

Aievoli v. Matteini, 254 A.D.2d 443, 679 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 11276 (N.Y. Ct. App. 1998).

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254 A.D.2d 443 (Aievoli v. Matteini) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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