Bernardo v. Granite Capitol Holdings, Inc.

Appellate Division of the Supreme Court of New York

Bernardo v. Granite Capitol Holdings, Inc.

307 A.D.2d 834, 763 N.Y.S.2d 579, 2003 N.Y. App. Div. LEXIS 8744

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

DecidedAugust 14, 2003

StatusPublished

This text of 307 A.D.2d 834 (Bernardo v. Granite Capitol Holdings, Inc.) 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

Bernardo v. Granite Capitol Holdings, Inc., 307 A.D.2d 834, 763 N.Y.S.2d 579, 2003 N.Y. App. Div. LEXIS 8744 (N.Y. Ct. App. 2003).

Pincite

Opinion

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 16, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, who was injured when he tripped over the concrete island surrounding the pumps at defendant gasoline station, does not claim that the island was slippery or concealed, and his expert concedes that such islands are a feature common to virtually every gas station. No issue of fact as to defendants’ negligence is raised; the mere existence of the island does not give rise to liability (see Goldban v 56th Realty, 304 AD2d 408 [2003]). Concur — Andrias, J.P., Saxe, Sullivan and Ellerin, JJ.

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Order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 16, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, who was injured when he tripped over the concrete island surrounding the pumps at defendant gasoline station, does not claim that the island was slippery or concealed, and his expert concedes that such islands are a feature common to virtually every gas station. No issue of fact as to defendants’ negligence is raised; the mere existence of the island does not give rise to liability (see Goldban v 56th Realty, 304 AD2d 408 [2003]). Concur — Andrias, J.P., Saxe, Sullivan and Ellerin, JJ.

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Bluebook (online)

307 A.D.2d 834, 763 N.Y.S.2d 579, 2003 N.Y. App. Div. LEXIS 8744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernardo-v-granite-capitol-holdings-inc-nyappdiv-2003.

Opinion

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