Bresler v. Graham Realty Associates, LLP

Appellate Division of the Supreme Court of New York

Bresler v. Graham Realty Associates, LLP

298 A.D.2d 542, 748 N.Y.S.2d 671, 2002 N.Y. App. Div. LEXIS 10298

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

DecidedOctober 28, 2002

StatusPublished

This text of 298 A.D.2d 542 (Bresler v. Graham Realty Associates, LLP) 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

Bresler v. Graham Realty Associates, LLP, 298 A.D.2d 542, 748 N.Y.S.2d 671, 2002 N.Y. App. Div. LEXIS 10298 (N.Y. Ct. App. 2002).

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Opinion

In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated November 13, 2001, as denied that branch of its motion which was for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, that branch of the motion which was for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

The defendant established its prima facie entitlement to summary judgment dismissing the complaint by demonstrating that it did not have actual or constructive notice of a dangerous condition (see Gordon v American Museum of Natural History, 67 NY2d 836). In opposition, the plaintiffs failed to [543]*543raise a triable issue of fact. Ritter, J.P., Altman, H. Miller and Adams, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated November 13, 2001, as denied that branch of its motion which was for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, that branch of the motion which was for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

The defendant established its prima facie entitlement to summary judgment dismissing the complaint by demonstrating that it did not have actual or constructive notice of a dangerous condition (see Gordon v American Museum of Natural History, 67 NY2d 836). In opposition, the plaintiffs failed to [543]*543raise a triable issue of fact. Ritter, J.P., Altman, H. Miller and Adams, JJ., concur.

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Bluebook (online)

298 A.D.2d 542, 748 N.Y.S.2d 671, 2002 N.Y. App. Div. LEXIS 10298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bresler-v-graham-realty-associates-llp-nyappdiv-2002.

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