Pietrangolare v. Catalioto

Full title: CARMELA PIETRANGOLARE, Appellant, v. ANTHONY CATALIOTO et al., Respondents

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

Date published: Nov 19, 1998

255 A.D.2d 221 (N.Y. App. Div. 1998)

680 N.Y.S.2d 94

Opinion

November 19, 1998

Appeal from the Supreme Court, Bronx County (Stanley Green, J.).

The IAS Court's dismissal of plaintiff's action for personal injuries was proper. Under the circumstances herein, where plaintiff alleges that she sustained injuries after her toddler grandson pulled a purse which his mother had hung on a kitchen chair, it cannot be said that the chair in question, which fell on plaintiff's foot, was a dangerous instrumentality ( see, Nolecheck v. Gesuale, 46 N.Y.2d 332).

Concur — Rosenberger, J. P., Ellerin, Wallach and Saxe, JJ.