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Zapata v. Finkelstein

259 A.D.2d 346, 687 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 2746
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 16, 1999
StatusPublished

This text of 259 A.D.2d 346 (Zapata v. Finkelstein) 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
Zapata v. Finkelstein, 259 A.D.2d 346, 687 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 2746 (N.Y. Ct. App. 1999).

Opinion

Order, Supreme Court, Bronx County (Lottie Wilkins, J.), entered on or about July 7, 1998, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The denial of defendants’ motion for summary judgment was proper since the present record does not permit a determination, as a matter of law, that there was no interval between the snowfall and consequent accumulation upon which plaintiff claims to have injured herself (see, Croff v Grand Union Co., 205 AD2d 856), or that, if there was an interval, it was insufficient to permit defendant property owners to discover and remedy the hazard (see, Gordon v American Museum of Natural History, 67 NY2d 836). Concur — Sullivan, J. P., Rosenberger, Tom and Andrias, JJ.

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Related

Gordon v. American Museum of Natural History
492 N.E.2d 774 (New York Court of Appeals, 1986)
Croff v. Grand Union Co.
205 A.D.2d 856 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
259 A.D.2d 346, 687 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 2746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zapata-v-finkelstein-nyappdiv-1999.