Sprague v. Unterberger

Appellate Division of the Supreme Court of New York

Sprague v. Unterberger

206 A.D.2d 467, 615 N.Y.S.2d 1000, 1994 N.Y. App. Div. LEXIS 7494

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

DecidedJuly 18, 1994

StatusPublished

This text of 206 A.D.2d 467 (Sprague v. Unterberger) 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

Sprague v. Unterberger, 206 A.D.2d 467, 615 N.Y.S.2d 1000, 1994 N.Y. App. Div. LEXIS 7494 (N.Y. Ct. App. 1994).

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Opinion

In a negligence action to recover damages for personal injuries, etc., the [468]*468plaintiffs appeal from an order of the Supreme Court, Orange County (Peter Patsalos, J.), dated November 19, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants are entitled to summary judgment as the plaintiffs failed to present evidence that the defendants created the condition which caused the plaintiff Veronica Sprague to fall, or that the defendants had actual or constructive notice of the defective condition (see, Payne v Big V Supermarkets, 140 AD2d 422). Rosenblatt, J. P., Miller, Ritter and Santucci, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., the [468]*468plaintiffs appeal from an order of the Supreme Court, Orange County (Peter Patsalos, J.), dated November 19, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendants are entitled to summary judgment as the plaintiffs failed to present evidence that the defendants created the condition which caused the plaintiff Veronica Sprague to fall, or that the defendants had actual or constructive notice of the defective condition (see, Payne v Big V Supermarkets, 140 AD2d 422). Rosenblatt, J. P., Miller, Ritter and Santucci, JJ., concur.

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Bluebook (online)

206 A.D.2d 467, 615 N.Y.S.2d 1000, 1994 N.Y. App. Div. LEXIS 7494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sprague-v-unterberger-nyappdiv-1994.

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