Barlow v. Goldstein

Appellate Division of the Supreme Court of New York

Barlow v. Goldstein

251 A.D.2d 276, 671 N.Y.S.2d 1022, 1998 N.Y. App. Div. LEXIS 6332

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 1, 1998

StatusPublished

This text of 251 A.D.2d 276 (Barlow v. Goldstein) 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

Barlow v. Goldstein, 251 A.D.2d 276, 671 N.Y.S.2d 1022, 1998 N.Y. App. Div. LEXIS 6332 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered July 7, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff has failed to establish that the defendant had either actual or constructive notice of the alleged defect in the step that caused his fall. To the contrary, the plaintiffs own testimony shows that he had no problems with the step until after he made numerous trips with a heavy garbage pail, which caused the step to crumble and “flip”, resulting in his injuries. Accordingly, the defendant is entitled to summary judgment. Rosenblatt, J. P., Copertino, Santucci and Goldstein, 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, Westchester County (Fredman, J.), entered July 7, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff has failed to establish that the defendant had either actual or constructive notice of the alleged defect in the step that caused his fall. To the contrary, the plaintiffs own testimony shows that he had no problems with the step until after he made numerous trips with a heavy garbage pail, which caused the step to crumble and “flip”, resulting in his injuries. Accordingly, the defendant is entitled to summary judgment. Rosenblatt, J. P., Copertino, Santucci and Goldstein, JJ., concur.

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Bluebook (online)

251 A.D.2d 276, 671 N.Y.S.2d 1022, 1998 N.Y. App. Div. LEXIS 6332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-goldstein-nyappdiv-1998.