Vitale v. Shop & Save Mini Mart

Appellate Division of the Supreme Court of New York

Vitale v. Shop & Save Mini Mart

261 A.D.2d 468, 690 N.Y.S.2d 133, 1999 N.Y. App. Div. LEXIS 4764

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

DecidedMay 10, 1999

StatusPublished

This text of 261 A.D.2d 468 (Vitale v. Shop & Save Mini Mart) 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

Vitale v. Shop & Save Mini Mart, 261 A.D.2d 468, 690 N.Y.S.2d 133, 1999 N.Y. App. Div. LEXIS 4764 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kangs County (Rappaport, J.), dated March 12, 1998, as granted that branch of the motion of the defendants Angelo Cardinale and Frances Cardinale which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was allegedly injured when he slipped and fell on a greasy, oily substance on the sidewalk abutting property owned by the defendants Angelo Cardinale and Frances Cardinale. The premises were leased to the defendant Shop & Save Mini Mart which had placed two dumpsters, supplied by the defendant Stage Carting Co., Inc., on the sidewalk adjacent to the side of the building. The substance on the sidewalk allegedly leaked from the dumpsters.

In opposition to the Cardinales’ motion for summary judgment in which they established their entitlement to judgment as a matter of law, the plaintiff failed to come forward with any evidence that the Cardinales either created the defective condition or caused the defect to occur by a special use of the sidewalk (see, Kaufman v Silver, 90 NY2d 204). Therefore, summary judgment dismissing the complaint insofar as asserted against those defendants was properly granted (see, Alessi v Zapolsky, 228 AD2d 531).

The plaintiff’s remaining contentions are without merit. S. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kangs County (Rappaport, J.), dated March 12, 1998, as granted that branch of the motion of the defendants Angelo Cardinale and Frances Cardinale which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was allegedly injured when he slipped and fell on a greasy, oily substance on the sidewalk abutting property owned by the defendants Angelo Cardinale and Frances Cardinale. The premises were leased to the defendant Shop & Save Mini Mart which had placed two dumpsters, supplied by the defendant Stage Carting Co., Inc., on the sidewalk adjacent to the side of the building. The substance on the sidewalk allegedly leaked from the dumpsters.

In opposition to the Cardinales’ motion for summary judgment in which they established their entitlement to judgment as a matter of law, the plaintiff failed to come forward with any evidence that the Cardinales either created the defective condition or caused the defect to occur by a special use of the sidewalk (see, Kaufman v Silver, 90 NY2d 204). Therefore, summary judgment dismissing the complaint insofar as asserted against those defendants was properly granted (see, Alessi v Zapolsky, 228 AD2d 531).

The plaintiff’s remaining contentions are without merit. S. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.

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Bluebook (online)

261 A.D.2d 468, 690 N.Y.S.2d 133, 1999 N.Y. App. Div. LEXIS 4764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitale-v-shop-save-mini-mart-nyappdiv-1999.

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