From Casetext: Smarter Legal Research

Lew v. Manhasset Pub. Library

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 31, 2014
123 A.D.3d 1096 (N.Y. App. Div. 2014)

Opinion

2013-10066

12-31-2014

Lynn LEW, appellant, v. MANHASSET PUBLIC LIBRARY, et al., respondents.

Norman A. Kaplan, Great Neck, N.Y., for appellant. Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset, N.Y. (Anton Piotroski of counsel), for respondents.


Norman A. Kaplan, Great Neck, N.Y., for appellant.

Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset, N.Y. (Anton Piotroski of counsel), for respondents.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, LEONARD B. AUSTIN, and JOSEPH J. MALTESE, JJ.

Opinion In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Marber, J.), entered August 8, 2013, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell when she was walking down an aisle of the defendants' library. As the plaintiff walked down the aisle, there were bookshelves to her left and tables and chairs to her right. The plaintiff came across a book cart in the aisle and, as she walked around the book cart, she allegedly tripped and fell on the leg of a chair. The plaintiff commenced this action against the defendants to recover damages for personal injuries and, thereafter, the defendants moved for summary judgment dismissing the complaint. The Supreme Court granted the defendants' motion.The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the book cart and the chair were open and obvious and not inherently dangerous (see Koepke v. Deer Hills Hardware, Inc., 118 A.D.3d 957, 987 N.Y.S.2d 854 ; Flaim v. Hex Food, Inc., 79 A.D.3d 797, 912 N.Y.S.2d 426 ; Stern v. Costco Wholesale, 63 A.D.3d 1139, 882 N.Y.S.2d 266 ; Neiderbach v. 7–Eleven, Inc., 56 A.D.3d 632, 868 N.Y.S.2d 91 ). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572 ). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.


Summaries of

Lew v. Manhasset Pub. Library

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 31, 2014
123 A.D.3d 1096 (N.Y. App. Div. 2014)
Case details for

Lew v. Manhasset Pub. Library

Case Details

Full title:Lynn Lew, appellant, v. Manhasset Public Library, et al., respondents.

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

Date published: Dec 31, 2014

Citations

123 A.D.3d 1096 (N.Y. App. Div. 2014)
999 N.Y.S.2d 527
2014 N.Y. Slip Op. 9110

Citing Cases

Gerner v. Shop-Rite of Uniondale, Inc.

Although the plaintiff had seen the fence before, and she was facing the fence as she walked sideways between…

Pochtar v. The City of New York

However, there must be a dangerous or hazardous condition. Here, defendant has made a prima facie case that…