Gormley v. County of Nassau

Appellate Division of the Supreme Court of New York

Gormley v. County of Nassau

150 A.D.2d 342, 540 N.Y.S.2d 867, 1989 N.Y. App. Div. LEXIS 5685

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

DecidedMay 1, 1989

StatusPublished

Cited by9 cases

This text of 150 A.D.2d 342 (Gormley v. County of Nassau) 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

Gormley v. County of Nassau, 150 A.D.2d 342, 540 N.Y.S.2d 867, 1989 N.Y. App. Div. LEXIS 5685 (N.Y. Ct. App. 1989).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kutner, J.), dated March 10, 1988, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, with costs, and the motion is denied.

In this action to recover damages for personal injuries, etc., the defendant moved for summary judgment, and the plaintiffs, in opposition, submitted an affidavit of a licensed professional engineer. He asserted that the construction of the sidewalk in question without an expansion joint departed from reasonable engineering and construction standards, creating the dangerous condition which resulted in the plaintiff Marie Gormley’s accident. This was sufficient to raise a triable issue of fact as to whether the defendant created or caused a hazardous condition. If the defendant in fact created or caused a hazardous condition, there is no requirement that prior written notice of the condition be given to it in order for it to be liable (see, Nassau County Administrative Code § 12-4.0 [e]; L 1939, chs 272, 701-709, as amended). Mollen, P. J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kutner, J.), dated March 10, 1988, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, with costs, and the motion is denied.

In this action to recover damages for personal injuries, etc., the defendant moved for summary judgment, and the plaintiffs, in opposition, submitted an affidavit of a licensed professional engineer. He asserted that the construction of the sidewalk in question without an expansion joint departed from reasonable engineering and construction standards, creating the dangerous condition which resulted in the plaintiff Marie Gormley’s accident. This was sufficient to raise a triable issue of fact as to whether the defendant created or caused a hazardous condition. If the defendant in fact created or caused a hazardous condition, there is no requirement that prior written notice of the condition be given to it in order for it to be liable (see, Nassau County Administrative Code § 12-4.0 [e]; L 1939, chs 272, 701-709, as amended). Mollen, P. J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

150 A.D.2d 342, 540 N.Y.S.2d 867, 1989 N.Y. App. Div. LEXIS 5685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gormley-v-county-of-nassau-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack