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Digeorgio v. Morotta

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 2008
47 A.D.3d 752 (N.Y. App. Div. 2008)

Opinion

No. 2007-02502.

January 22, 2008.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Jacobson, J.), dated February 7, 2007, which granted the defendants' cross motion for summary judgment dismissing the complaint.

Fredric Lewis, New York, N.Y., for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Uniondale, N.Y. (Gregory A. Cascino of counsel), for respondents.

Before: Spolzino, J.P., Skelos, Lifson and McCarthy, JJ.


Ordered that the order is affirmed, with costs.

The defendants established their entitlement to summary judgment by submitting evidence demonstrating that the alleged defect, a height differential between the grass and a brick walkway leading from their driveway to the front door of their house, was readily observable by the reasonable use of the injured plaintiff's senses, and was not inherently dangerous ( see Errett v Great Neck Park Dist., 40 AD3d 1029; Capozzi v Huhne, 14 AD3d 474; D'Angelo v DeLucia, 283 AD2d 385). Moreover, although the accident occurred in the evening, the evidence demonstrated that the defendants' outside light was on, and there is no evidence that the injured plaintiff misstepped as the result of inadequate illumination ( see Leib v Silo Rest, Inc., 26 AD3d 359, 360; Curran v Esposito, 308 AD2d 428; Gordon v New York City Tr. Auth., 267 AD2d 201, 202). The plaintiffs' opposition papers failed to raise a triable issue of fact. Therefore, the defendants' cross motion for summary judgment was properly granted.


Summaries of

Digeorgio v. Morotta

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 2008
47 A.D.3d 752 (N.Y. App. Div. 2008)
Case details for

Digeorgio v. Morotta

Case Details

Full title:MARILYN DIGEORGIO et al., Appellants, v. MICHAEL MOROTTA et al.…

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

Date published: Jan 22, 2008

Citations

47 A.D.3d 752 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 446
850 N.Y.S.2d 556

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