Mendoza v. 685 Sterling Realty Corp.

Appellate Division of the Supreme Court of New York

Mendoza v. 685 Sterling Realty Corp.

284 A.D.2d 437, 726 N.Y.S.2d 863, 2001 N.Y. App. Div. LEXIS 6358

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

DecidedJune 18, 2001

StatusPublished

Cited by1 cases

This text of 284 A.D.2d 437 (Mendoza v. 685 Sterling Realty Corp.) 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.

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Mendoza v. 685 Sterling Realty Corp., 284 A.D.2d 437, 726 N.Y.S.2d 863, 2001 N.Y. App. Div. LEXIS 6358 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated September 5, 2000, which granted the motion of the defendant Repco Fuel Oil Co., Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell over a raised fuel oil cap in a sidewalk. The respondent, Repco Fuel Oil Co., Inc., conceded that it made fuel deliveries to the subject premises. However, the respondent established a prima facie case of entitlement to judgment as a matter of law by demonstrating that it did not create the allegedly dangerous condition. The plaintiffs circumstantial evidence that the respondent caused the fuel cap to be raised was based on mere speculation, and thus, she failed to establish the existence of a triable issue of fact (see, Frankie v Glen Cove Hous. Auth., 276 AD2d 668). Bracken, P. J., Friedmann, Florio, H. Miller and Townes, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated September 5, 2000, which granted the motion of the defendant Repco Fuel Oil Co., Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell over a raised fuel oil cap in a sidewalk. The respondent, Repco Fuel Oil Co., Inc., conceded that it made fuel deliveries to the subject premises. However, the respondent established a prima facie case of entitlement to judgment as a matter of law by demonstrating that it did not create the allegedly dangerous condition. The plaintiffs circumstantial evidence that the respondent caused the fuel cap to be raised was based on mere speculation, and thus, she failed to establish the existence of a triable issue of fact (see, Frankie v Glen Cove Hous. Auth., 276 AD2d 668). Bracken, P. J., Friedmann, Florio, H. Miller and Townes, JJ., concur.

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284 A.D.2d 437, 726 N.Y.S.2d 863, 2001 N.Y. App. Div. LEXIS 6358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendoza-v-685-sterling-realty-corp-nyappdiv-2001.

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