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Finan v. Rudin

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 402 (N.Y. App. Div. 2000)

Opinion

Submitted February 23, 2000.

April 3, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated January 21, 1999, which granted the defendants' respective motions for summary judgment dismissing the complaint insofar as asserted against them.

Kramer DeVries, LLP, New York, N.Y. (Lenore Kramer, Keith DeVries, and David Tarlow of counsel), for appellants.

Turner Owen, New York, N.Y. (Edward L. Owen III of counsel), for respondent One Whitehall Company s/h/a Jack Rudin and Lewis Rudin d/b/a One Whitehall Company.

Motola Klar Dinowitz Carfora, LLP, New York, N.Y. (David H. Motola and Courtney M. Robbins of counsel), for respondent ISS International Services System, Inc.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs.

Upon all the evidence in the record, including a surveillance videotape of the accident scene (see, Rosenblatt v. Kahn, 245 A.D.2d 438 ), the Supreme Court properly determined that the defendants established entitlement to judgment in their favor as a matter of law and that the plaintiffs failed to raise an issue of fact as to whether the defendants had actual or constructive notice of the alleged hazardous condition (see, Pirillo v. Longwood Assocs., 179 A.D.2d 744 ).


Summaries of

Finan v. Rudin

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 402 (N.Y. App. Div. 2000)
Case details for

Finan v. Rudin

Case Details

Full title:Patricia Finan, et al., appellants, v. Jack Rudin, etc., et al.…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 402 (N.Y. App. Div. 2000)
707 N.Y.S.2d 326