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Mejia v. Constitution Navarro [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2000
(N.Y. App. Div. Oct. 11, 2000)

Opinion

Submitted September 13, 2000

October 11, 2000.

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Golia, J.), dated September 7, 1999, as denied that branch of her motion which was for summary judgment dismissing the complaint.

Frank V. Merlino, Garden City, N.Y. (David Holmes of counsel), for appellant.

Friedman Simon, Jericho, N.Y. (Samuel D. Flatt of counsel), for respondents.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the branch of the motion which is for summary judgment is granted, and the complaint is dismissed.

In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact that the defendant created or increased an existing hazard by negligently removing snow and ice that had accumulated on the sidewalk (see, Blum v. City of New York, 267 A.D.2d 341; Faiz v. City of New York, 254 A.D.2d 322). Accordingly, the defendant's motion for summary judgment should have been granted.


Summaries of

Mejia v. Constitution Navarro [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 2000
(N.Y. App. Div. Oct. 11, 2000)
Case details for

Mejia v. Constitution Navarro [2d Dept 2000

Case Details

Full title:RAMON MEJIA, ET AL., RESPONDENTS, v. CONSTITUTION NAVARRO, APPELLANT

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

Date published: Oct 11, 2000

Citations

(N.Y. App. Div. Oct. 11, 2000)