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Patel v. Corporate Park Development Assoc

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 313 (N.Y. App. Div. 2000)

Opinion

August 7, 2000.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered September 7, 1999, which granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact in opposition to the defendants' prima facie showing that they did not have actual or constructive notice of the icy condition that allegedly caused her to fall ( see, CPLR 3212 [b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 325; Zuckerman v. City of New York, 49 N.Y.2d 557). Moreover, the record indicates that the icy condition was readily observable by those employing the reasonable use of their senses ( see, Perlicz v. Taratuta, 260 A.D.2d 359; Campanaro v. Arizona Lipnob Estates, 259 A.D.2d 581), and that the plaintiff saw it before the accident. Therefore, the defendants' motion for summary judgment was properly granted.

Ritter, J.P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.


Summaries of

Patel v. Corporate Park Development Assoc

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2000
275 A.D.2d 313 (N.Y. App. Div. 2000)
Case details for

Patel v. Corporate Park Development Assoc

Case Details

Full title:UMABEN S. PATEL, Appellant, v. CORPORATE PARK DEVELOPMENT ASSOCIATES et…

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

Date published: Aug 7, 2000

Citations

275 A.D.2d 313 (N.Y. App. Div. 2000)
712 N.Y.S.2d 402

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