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Blum v. Grunberg

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2000
270 A.D.2d 220 (N.Y. App. Div. 2000)

Opinion

Submitted January 26, 2000

March 6, 2000

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Berke, J.), dated March 12, 1999, as denied their motion for summary judgment dismissing the complaint.

Curtis, Zaklukiewicz, Vasile, Devine McElhenny, Merrick, N Y (Matthew D. Norfolk and Paul S. Devine of counsel), for appellants.

Flynn Flynn, PLLC, Rockaway Park, N.Y. (Peter S. Thomas of counsel), for respondent.

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


DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

A landowner owes a duty "to exercise reasonable care in maintaining his property in a safe condition under all of the circumstances, including the likelihood of injury to others, the seriousness of the potential injuries, the burden of avoiding the risk, and the foreseeability of a potential plaintiff's presence on the property" (Kurshals v. Connetquot Cent. School Dist., 227 A.D.2d 593 ; see, Basso v. Miller, 40 N.Y.2d 233 ; Laluna v. DGM Partners, 234 A.D.2d 519 ; Watson v. Hillside Hous. Corp., 232 A.D.2d 252 ). Under the circumstances of this case, the Supreme Court erred in finding that an issue of fact existed as to whether the defendants exercised reasonable care in maintaining their property (cf.,Quinlan v. Cecchini, 41 N.Y.2d 686 ).

The plaintiff's remaining contentions are without merit.

RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO, and H. MILLER, JJ., concur.


Summaries of

Blum v. Grunberg

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2000
270 A.D.2d 220 (N.Y. App. Div. 2000)
Case details for

Blum v. Grunberg

Case Details

Full title:JOHN G. BLUM, respondent, v. HERBERT GRUNBERG, et al., appellants

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

Date published: Mar 6, 2000

Citations

270 A.D.2d 220 (N.Y. App. Div. 2000)
704 N.Y.S.2d 845