Koinoglou v. Long Island Rail Road
This text of 262 A.D.2d 535 (Koinoglou v. Long Island Rail Road) 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.
Opinion
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Jones, J.), dated May 11, 1998, as denied their motion for partial summary judgment on the issue of liability.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
Contrary to the plaintiffs’ contention, whether the 10-foot long depression in the pavement was open and obvious is a question of fact precluding summary judgment (see, McGraw v Ranieri, 202 AD2d 725). S. Miller, J. P., Goldstein, H. Miller and Smith, JJ., concur.
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Cite This Page — Counsel Stack
262 A.D.2d 535, 692 N.Y.S.2d 448, 1999 N.Y. App. Div. LEXIS 7023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koinoglou-v-long-island-rail-road-nyappdiv-1999.