Mahoney v. Affrunti

Appellate Division of the Supreme Court of New York

Mahoney v. Affrunti

297 A.D.2d 717, 747 N.Y.2d 397, 747 N.Y.S.2d 397, 2002 N.Y. App. Div. LEXIS 8666

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

DecidedSeptember 23, 2002

StatusPublished

Cited by4 cases

This text of 297 A.D.2d 717 (Mahoney v. Affrunti) 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

Mahoney v. Affrunti, 297 A.D.2d 717, 747 N.Y.2d 397, 747 N.Y.S.2d 397, 2002 N.Y. App. Div. LEXIS 8666 (N.Y. Ct. App. 2002).

Pincite

Opinion

The defendants Alfred Affrunti and Yvonne C. Affrunti, doing business as Village Chair & Wares, failed to make a prima facie showing that their snow removal efforts did not cause, create, or otherwise increase the allegedly hazardous icy and snowy condition of the sidewalk where the plaintiff James Ma-honey fell (see Lopez v City of New York, 290 AD2d 539; Mejia v City of New York, 272 AD2d 453; Fezza v Rogers, 167 AD2d 599). Accordingly, the Supreme Court erred in granting that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them. Altman, J.P., Goldstein, H. Miller and Rivera, JJ., concur.

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The defendants Alfred Affrunti and Yvonne C. Affrunti, doing business as Village Chair & Wares, failed to make a prima facie showing that their snow removal efforts did not cause, create, or otherwise increase the allegedly hazardous icy and snowy condition of the sidewalk where the plaintiff James Ma-honey fell (see Lopez v City of New York, 290 AD2d 539; Mejia v City of New York, 272 AD2d 453; Fezza v Rogers, 167 AD2d 599). Accordingly, the Supreme Court erred in granting that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them. Altman, J.P., Goldstein, H. Miller and Rivera, JJ., concur.

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Bluebook (online)

297 A.D.2d 717, 747 N.Y.2d 397, 747 N.Y.S.2d 397, 2002 N.Y. App. Div. LEXIS 8666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahoney-v-affrunti-nyappdiv-2002.

Opinion

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