DelBalzo v. Chappaqua Central School District

Appellate Division of the Supreme Court of New York

DelBalzo v. Chappaqua Central School District

302 A.D.2d 352, 753 N.Y.S.2d 895

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

DecidedFebruary 3, 2003

StatusPublished

This text of 302 A.D.2d 352 (DelBalzo v. Chappaqua Central School District) 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

DelBalzo v. Chappaqua Central School District, 302 A.D.2d 352, 753 N.Y.S.2d 895 (N.Y. Ct. App. 2003).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered March 12, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiff [353]*353failed to present evidence raising a triable issue as to whether a defective condition existed (see Alvarez v Prospect Hosp., 68 NY2d 320; Martinez v Trustees of Columbia Univ. in City of N.Y., 271 AD2d 223). Accordingly, the defendants were entitled to summary judgment dismissing the complaint. Krausman, J.P., Friedmann, Mastro and Rivera, 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 (Barone, J.), entered March 12, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiff [353]*353failed to present evidence raising a triable issue as to whether a defective condition existed (see Alvarez v Prospect Hosp., 68 NY2d 320; Martinez v Trustees of Columbia Univ. in City of N.Y., 271 AD2d 223). Accordingly, the defendants were entitled to summary judgment dismissing the complaint. Krausman, J.P., Friedmann, Mastro and Rivera, JJ., concur.

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Bluebook (online)

302 A.D.2d 352, 753 N.Y.S.2d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delbalzo-v-chappaqua-central-school-district-nyappdiv-2003.

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