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Aievoli v. Matteini

254 A.D.2d 443, 679 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 11276
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 26, 1998
StatusPublished

This text of 254 A.D.2d 443 (Aievoli v. Matteini) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Related

Gross v. Lewis
156 N.E.2d 459 (New York Court of Appeals, 1959)
Pilato v. Diamond
209 A.D.2d 393 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
254 A.D.2d 443, 679 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 11276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aievoli-v-matteini-nyappdiv-1998.