Pietrangolare v. Catalioto

Appellate Division of the Supreme Court of New York

Pietrangolare v. Catalioto

255 A.D.2d 221, 680 N.Y.S.2d 94, 1998 N.Y. App. Div. LEXIS 12524

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

DecidedNovember 19, 1998

StatusPublished

This text of 255 A.D.2d 221 (Pietrangolare v. Catalioto) 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

Pietrangolare v. Catalioto, 255 A.D.2d 221, 680 N.Y.S.2d 94, 1998 N.Y. App. Div. LEXIS 12524 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 11, 1997, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action and denied plaintiffs cross motion for summary judgment on liability, unanimously affirmed, with costs.

The IAS Court’s dismissal of plaintiffs action for personal injuries was proper. Under the circumstances herein, where plaintiff alleges that she sustained injuries after her toddler grandson pulled a purse which his mother had hung on a kitchen chair, it cannot be said that the chair in question, which fell on plaintiffs foot, was a dangerous instrumentality (see, Nolecheck v Gesuale, 46 NY2d 332). Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.

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—Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 11, 1997, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action and denied plaintiffs cross motion for summary judgment on liability, unanimously affirmed, with costs.

The IAS Court’s dismissal of plaintiffs action for personal injuries was proper. Under the circumstances herein, where plaintiff alleges that she sustained injuries after her toddler grandson pulled a purse which his mother had hung on a kitchen chair, it cannot be said that the chair in question, which fell on plaintiffs foot, was a dangerous instrumentality (see, Nolecheck v Gesuale, 46 NY2d 332). Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.

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Bluebook (online)

255 A.D.2d 221, 680 N.Y.S.2d 94, 1998 N.Y. App. Div. LEXIS 12524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pietrangolare-v-catalioto-nyappdiv-1998.

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