Murphy v. Rassner

Appellate Division of the Supreme Court of New York

Murphy v. Rassner

287 A.D.2d 491, 731 N.Y.S.2d 225, 2001 N.Y. App. Div. LEXIS 9386

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

DecidedOctober 9, 2001

StatusPublished

This text of 287 A.D.2d 491 (Murphy v. Rassner) 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

Murphy v. Rassner, 287 A.D.2d 491, 731 N.Y.S.2d 225, 2001 N.Y. App. Div. LEXIS 9386 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated June 8, 2000, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

[492]*492The presence of water bugs, by itself, provides no basis from which to conclude that the defendant landowners should have anticipated danger (see, Johnson v Johnson Chem. Co., 183 AD2d 64, 72). Assuming that the defendants were negligent in allowing a water bug infestation to develop, the plaintiff slipping on a water bug and falling is not among the consequences reasonably to be foreseen from such a condition (see, Johnson v Johnson Chem. Co., supra). Therefore, the defendants made out a prima facie case for summary judgment, and the plaintiff failed to show the existence of an issue of fact (see, Gianchetta v E.B. Marine, 258 AD2d 618). Accordingly, the order should be reversed and the motion granted. Krausman, J. P., S. Miller, Schmidt and Crane, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated June 8, 2000, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

[492]*492The presence of water bugs, by itself, provides no basis from which to conclude that the defendant landowners should have anticipated danger (see, Johnson v Johnson Chem. Co., 183 AD2d 64, 72). Assuming that the defendants were negligent in allowing a water bug infestation to develop, the plaintiff slipping on a water bug and falling is not among the consequences reasonably to be foreseen from such a condition (see, Johnson v Johnson Chem. Co., supra). Therefore, the defendants made out a prima facie case for summary judgment, and the plaintiff failed to show the existence of an issue of fact (see, Gianchetta v E.B. Marine, 258 AD2d 618). Accordingly, the order should be reversed and the motion granted. Krausman, J. P., S. Miller, Schmidt and Crane, JJ., concur.

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Bluebook (online)

287 A.D.2d 491, 731 N.Y.S.2d 225, 2001 N.Y. App. Div. LEXIS 9386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-rassner-nyappdiv-2001.

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