Randazzo v. 580 Sunrise Realty Co.

Appellate Division of the Supreme Court of New York

Randazzo v. 580 Sunrise Realty Co.

275 A.D.2d 449, 713 N.Y.S.2d 133, 2000 N.Y. App. Div. LEXIS 8950

Appellate Division of the Supreme Court of the State of New York·Decided August 28, 2000·Published·Cited by 2 cases

Opinion

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated October 4, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant failed to establish, prima facie, that no triable issue of fact exists as to whether the injured plaintiff tripped on a defective condition caused by its alleged special use of the sidewalk (see, Kaufman v Silver, 90 NY2d 204, 207; Azzara v Revellese, 146 AD2d 592). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated October 4, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant failed to establish, prima facie, that no triable issue of fact exists as to whether the injured plaintiff tripped on a defective condition caused by its alleged special use of the sidewalk (see, Kaufman v Silver, 90 NY2d 204, 207; Azzara v Revellese, 146 AD2d 592). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

Randazzo v. 580 Sunrise Realty Co., 275 A.D.2d 449, 713 N.Y.S.2d 133, 2000 N.Y. App. Div. LEXIS 8950 (N.Y. Ct. App. 2000).

Pincite

275 A.D.2d 449 (Randazzo v. 580 Sunrise Realty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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