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Gibbons v. Lido and Point Lookout Fire

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2002
293 A.D.2d 646 (N.Y. App. Div. 2002)

Summary

holding that plaintiff's failure to see an open and obvious cement block on the floor of a well-lit firehouse before she tripped over it did not preclude the court from finding that the block was open and obvious as a matter of law

Summary of this case from Stepanian v. United States

Opinion

2001-05105

Argued March 4, 2002.

April 22, 2002.

In an action to recover damages for personal injuries, the defendants Lido and Point Lookout Fire District and Matthew Thompson appeal from an order of the Supreme Court, Nassau County (DeMaro, J.), dated April 6, 2001, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

O'Connor, O'Connor, Hintz Deveney, LLP, Garden City, N.Y. (Michael T. Reagan of counsel), for appellants.

Simon Newman, LLP, Forest Hills, N.Y. (Peter R. Ginsberg and Lucille A. Anzalone of counsel), for respondent.

Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.


ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellants.

The appellant Matthew Thompson was hosting a holiday party in the firehouse owned by the appellant Lido and Point Lookout Fire District. There were two cement parking blocks located on the floor of the firehouse about two feet from the wall. Prior to the commencement of the party, a folding chair was placed over the end of each parking block, and an orange cone with balloons attached was placed next to each chair. As the plaintiff was leaving the party, she tripped over the end of one of the parking blocks, injuring herself.

The appellants demonstrated their prima facie entitlement to summary judgment. The subject parking block was not an inherently dangerous condition and was readily observable by the reasonable use of one's senses. There was no claim that the firehouse was inadequately lit at the time of the party. The appellants therefore did not breach any duty to the plaintiff (see Tresgallo v. Danica, 286 A.D.2d 326; Chiranky v. Marshalls, Inc., 273 A.D.2d 266; Dominitz v. Food Emporium, 271 A.D.2d 640; Plessias v. Scalia Home for Funerals, 271 A.D.2d 423; Paulo v. Great Atl. Pac. Tea Co., 233 A.D.2d 380). In opposition to the motion, the plaintiff failed to present evidence sufficient to raise a triable issue of fact. Accordingly, the Supreme Court should have granted the appellants' motion for summary judgment (see Gibbons v. Lido and Point Lookout Fire District, 293 A.D.2d 647 [decided herewith]).

S. MILLER, J.P., O'BRIEN, McGINITY and CRANE, JJ., concur.


Summaries of

Gibbons v. Lido and Point Lookout Fire

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2002
293 A.D.2d 646 (N.Y. App. Div. 2002)

holding that plaintiff's failure to see an open and obvious cement block on the floor of a well-lit firehouse before she tripped over it did not preclude the court from finding that the block was open and obvious as a matter of law

Summary of this case from Stepanian v. United States

parking blocks over which plaintiff tripped were not inherently dangerous

Summary of this case from Rodriguez v. British Airways PLC
Case details for

Gibbons v. Lido and Point Lookout Fire

Case Details

Full title:IDA GIBBONS, respondent, v. LIDO AND POINT LOOKOUT FIRE DISTRICT, ET AL.…

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

Date published: Apr 22, 2002

Citations

293 A.D.2d 646 (N.Y. App. Div. 2002)
740 N.Y.S.2d 440

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