Capobianco v. Woo Hsiem

Appellate Division of the Supreme Court of New York

Capobianco v. Woo Hsiem

249 A.D.2d 353, 670 N.Y.S.2d 366, 1998 N.Y. App. Div. LEXIS 4012

Appellate Division of the Supreme Court of the State of New York·Decided April 13, 1998·Published

Opinion

—In an action to recover damages for personal injuries, the fourth-party defendant Bruno Rossano d/b/a B&R Landscaping, appeals from so much of an order of the Supreme Court, Suffolk County (Hall, J.), entered May 12, 1997, as denied his motion for summary judgment dismissing the fourth-party complaint.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent.

Issues of fact exist as to whether the fourth-party defendant Bruno Rossano d/b/a B&R Landscaping maintained the area where the plaintiff tripped and fell, and, if so, whether he was negligent in so doing (see, Farrar v Teicholz, 173 AD2d 674; Hath v Allied Maintenance Corp., 143 AD2d 634). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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—In an action to recover damages for personal injuries, the fourth-party defendant Bruno Rossano d/b/a B&R Landscaping, appeals from so much of an order of the Supreme Court, Suffolk County (Hall, J.), entered May 12, 1997, as denied his motion for summary judgment dismissing the fourth-party complaint.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent.

Issues of fact exist as to whether the fourth-party defendant Bruno Rossano d/b/a B&R Landscaping maintained the area where the plaintiff tripped and fell, and, if so, whether he was negligent in so doing (see, Farrar v Teicholz, 173 AD2d 674; Hath v Allied Maintenance Corp., 143 AD2d 634). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

Capobianco v. Woo Hsiem, 249 A.D.2d 353, 670 N.Y.S.2d 366, 1998 N.Y. App. Div. LEXIS 4012 (N.Y. Ct. App. 1998).

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Opinion

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