From Casetext: Smarter Legal Research

Crafa v. Marshalls of MA, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 937 (N.Y. App. Div. 2008)

Opinion

No. 2008-02260.

December 30, 2008.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), entered January 30, 2008, which denied their motion for summary judgment dismissing the complaint.

McAndrew, Conboy Prisco, LLP, Woodbury, N.Y. (Mary C. Azzaretto of counsel), for appellants.

Seidner, Rosenfeld Guttentag, LLP, Babylon, N.Y. (Jeffrey Guttentag of counsel), for respondents.

Before: Fisher, J.P., Florio, Carni and Chambers, JJ., concur.


Ordered that the order is affirmed, with costs.

On their motion for summary judgment dismissing the complaint, the defendants failed to offer evidence sufficient to show that the condition complained of by the plaintiff's was both open and obvious and, as a matter of law, not inherently dangerous ( see Cupo v Karfunkel, 1 AD3d 48, 52). Nor did the defendants meet their prima facie burden of demonstrating their lack of constructive notice regarding the allegedly hazardous condition that caused the injured plaintiff to fall ( see Roussos v Ciccotto, 15 AD3d 641, 642-643). Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. In light of the foregoing, it is not necessary to consider the sufficiency of the plaintiff's' opposition papers.


Summaries of

Crafa v. Marshalls of MA, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 2008
57 A.D.3d 937 (N.Y. App. Div. 2008)
Case details for

Crafa v. Marshalls of MA, Inc.

Case Details

Full title:CATHERINE CRAFA et al., Respondents, v. MARSHALLS OF MA, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 30, 2008

Citations

57 A.D.3d 937 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10578
869 N.Y.S.2d 800

Citing Cases

Rahkimova v. Belen

See,Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853 (1985); Crafa v Marshalls of MA, Inc., 57 A.D.3d…

Manicone v. City of New York

see Tilford v Sweet Home Real Prop. Trust, 40 AD3d 966; cf. Keating v Nanuet Bd. of Educ., 40 AD3d 706, 708),…