Duman v. City of Buffalo

Appellate Division of the Supreme Court of New York

Duman v. City of Buffalo

269 A.D.2d 848, 703 N.Y.S.2d 800, 2000 N.Y. App. Div. LEXIS 1797

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

DecidedFebruary 16, 2000

StatusPublished

Cited by9 cases

This text of 269 A.D.2d 848 (Duman v. City of Buffalo) 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

Duman v. City of Buffalo, 269 A.D.2d 848, 703 N.Y.S.2d 800, 2000 N.Y. App. Div. LEXIS 1797 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied in part the motion of Buffalo Municipal Housing Authority (defendant) for summary judgment dismissing the complaint against it. Peter J. Duman (plaintiff) slipped on ice that was covered with a light dusting of snow, causing him to fall on a sidewalk on defendant’s property. Defendant failed to meet its initial burden of establishing lack of constructive notice (see, Perrone v Ilion Main St. Corp., 254 AD2d 784, 784-785). Although defendant provided the deposition testimony of plaintiff that he did not see the ice, it failed to prove “that the ice formed so close in time to the accident that [defendant] could not reasonably have been expected to notice and remedy the condition” (Jordan v Musinger, 197 AD2d 889, 890). Thus, defendant failed to “make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case” (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Wisner, J. P., Hurlbutt, Scudder and Lawton, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied in part the motion of Buffalo Municipal Housing Authority (defendant) for summary judgment dismissing the complaint against it. Peter J. Duman (plaintiff) slipped on ice that was covered with a light dusting of snow, causing him to fall on a sidewalk on defendant’s property. Defendant failed to meet its initial burden of establishing lack of constructive notice (see, Perrone v Ilion Main St. Corp., 254 AD2d 784, 784-785). Although defendant provided the deposition testimony of plaintiff that he did not see the ice, it failed to prove “that the ice formed so close in time to the accident that [defendant] could not reasonably have been expected to notice and remedy the condition” (Jordan v Musinger, 197 AD2d 889, 890). Thus, defendant failed to “make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case” (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Wisner, J. P., Hurlbutt, Scudder and Lawton, JJ.

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Bluebook (online)

269 A.D.2d 848, 703 N.Y.S.2d 800, 2000 N.Y. App. Div. LEXIS 1797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duman-v-city-of-buffalo-nyappdiv-2000.

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