Herberger v. Granchelli

Appellate Division of the Supreme Court of New York

Herberger v. Granchelli

197 A.D.2d 888, 604 N.Y.S.2d 855

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

DecidedOctober 1, 1993

StatusPublished

This text of 197 A.D.2d 888 (Herberger v. Granchelli) 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

Herberger v. Granchelli, 197 A.D.2d 888, 604 N.Y.S.2d 855 (N.Y. Ct. App. 1993).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. The stairway where plaintiff Caroline Herberger fell was owned by the City of Lockport. Plaintiffs allege in their bill of particulars that defendant was negligent in various ways in undertaking the removal of ice and snow from that stairway. Plaintiffs do not allege, however, that there is any applicable statute, charter or ordinance imposing liability on the abutting property owner for negligently failing to remove snow and ice, nor do they allege that defendant created a dangerous condition (see, Roark v Hunting, 24 NY2d 470, 475; Giotto v Gaetano, 178 AD2d 978; cf, Glick v City of New York, 139 AD2d 402). (Appeal from Order of Supreme Court, Niagara County, Rath, Jr., J.—Summary Judgment.) Present—Green, J. P., Pine, Fallon, Doerr and Davis, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. The stairway where plaintiff Caroline Herberger fell was owned by the City of Lockport. Plaintiffs allege in their bill of particulars that defendant was negligent in various ways in undertaking the removal of ice and snow from that stairway. Plaintiffs do not allege, however, that there is any applicable statute, charter or ordinance imposing liability on the abutting property owner for negligently failing to remove snow and ice, nor do they allege that defendant created a dangerous condition (see, Roark v Hunting, 24 NY2d 470, 475; Giotto v Gaetano, 178 AD2d 978; cf, Glick v City of New York, 139 AD2d 402). (Appeal from Order of Supreme Court, Niagara County, Rath, Jr., J.—Summary Judgment.) Present—Green, J. P., Pine, Fallon, Doerr and Davis, JJ.

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197 A.D.2d 888, 604 N.Y.S.2d 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herberger-v-granchelli-nyappdiv-1993.

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