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Franzo v. Town of Hempstead

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 5, 2021
194 A.D.3d 698 (N.Y. App. Div. 2021)

Opinion

2020–00641 Index No. 612856/18

05-05-2021

Judith FRANZO, appellant, v. TOWN OF HEMPSTEAD, defendant, Knights of Columbus, et al., respondents.

Cellino & Barnes, P.C., Melville, N.Y. (Joshua B. Sandberg of counsel), for appellant. Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP, Farmingdale, N.Y. (Gary E. Dvoskin of counsel), for respondents.


Cellino & Barnes, P.C., Melville, N.Y. (Joshua B. Sandberg of counsel), for appellant.

Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP, Farmingdale, N.Y. (Gary E. Dvoskin of counsel), for respondents.

REINALDO E. RIVERA, J.P., BETSY BARROS, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered January 2, 2020. The order granted the motion of the defendants Knights of Columbus and Kenmah Realty Corp. for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is reversed, on the law, with costs, and the motion of the defendants Knights of Columbus and Kenmah Realty Corp. for summary judgment dismissing the complaint insofar as asserted against them is denied.

The plaintiff allegedly was injured when she tripped and fell over a cord or microphone wire while attending an event at certain property purportedly owned by the defendants Knights of Columbus and Kenmah Realty Corp. (hereinafter together the defendants). She commenced this action against the defendants and one other defendant to recover damages for personal injuries. The defendants moved for summary judgment dismissing the complaint insofar as asserted against them. The Supreme Court granted the defendants' motion on the ground that the condition of the wire or cord was open and obvious and not inherently dangerous. The plaintiff appeals.

In support of their motion, the defendants failed to establish, prima facie, that the cord or wire was not inherently dangerous (see Crosby v. Southport, LLC, 169 A.D.3d 637, 640, 94 N.Y.S.3d 109 ; Klee v. Cablevision Sys. Corp., 77 A.D.3d 794, 795, 909 N.Y.S.2d 539 ; Cupo v. Karfunkel, 1 A.D.3d 48, 52, 767 N.Y.S.2d 40 ). In light of the defendants' failure to meet their prima facie burden, it is not necessary to consider the sufficiency of the plaintiff's opposition papers (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642 ).

The defendants' remaining contentions are without merit.

Accordingly, the Supreme Court should have denied the defendants' motion for summary judgment dismissing the complaint insofar as asserted against them.

RIVERA, J.P., BARROS, CHRISTOPHER and WOOTEN, JJ., concur.


Summaries of

Franzo v. Town of Hempstead

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 5, 2021
194 A.D.3d 698 (N.Y. App. Div. 2021)
Case details for

Franzo v. Town of Hempstead

Case Details

Full title:Judith Franzo, appellant, v. Town of Hempstead, defendant, Knights of…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 5, 2021

Citations

194 A.D.3d 698 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 2787
143 N.Y.S.3d 601

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