From Casetext: Smarter Legal Research

Mangieri v. Palotta

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 2000
276 A.D.2d 535 (N.Y. App. Div. 2000)

Opinion

Submitted September 11, 2000

October 10, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (DiBlasi, J.), dated June 29, 1999, which granted the defendants' motion for summary judgment dismissing the complaint.

Sol Mermelstein, Brooklyn, N.Y., for appellants.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

In opposition to the prima facie demonstration of entitlement to judgment as a matter of law made by the defendants, a snow-plowing company and its principal, the plaintiffs failed to raise a triable issue of fact. The defendants owed no duty to the plaintiffs, and the assertions that the defendants had notice of the allegedly dangerous condition, or created or exacerbated it, do not provide a basis for liability in this case (see, Bugiada v. Iko, ___ A.D.2d ___; [2d Dept., July 3, 2000]; Pavlovich v. Wade Assocs., Inc., ___ A.D.2d ___; [2d Dept., July 3, 2000]; cf., Mangieri v. Prime Hospitality Group, 251 A.D.2d 632).

The appellants' remaining contentions are without merit.


Summaries of

Mangieri v. Palotta

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 2000
276 A.D.2d 535 (N.Y. App. Div. 2000)
Case details for

Mangieri v. Palotta

Case Details

Full title:DONALD MANGIERI, ET AL., APPELLANTS, v. CAESAR J. PALOTTA, ETC., ET AL.…

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

Date published: Oct 10, 2000

Citations

276 A.D.2d 535 (N.Y. App. Div. 2000)
714 N.Y.S.2d 686