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Peron v. Rite Aid of New York, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 488 (N.Y. App. Div. 2001)

Opinion

June 11, 2001.

August 27, 2001.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Glover, J.), dated June 6, 2000, which denied their motion for summary judgment dismissing the complaint.

Jay S. Haberman (Mark D. Lefkowitz, New York, N.Y., of counsel), for appellants.

Simonetti Agostino, Mineola, N.Y. (Joan Agostino of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

"An abutting landowner will not be liable to a pedestrian who sustains an injury on a public sidewalk unless (1) the landowner created the defective condition or caused the defect to occur because of some special use, or (2) a statute or ordinance placed the obligation to maintain the sidewalk upon the landowner and expressly made the landowner liable for injuries occasioned by the failure to perform that duty" ( Quinn v. City of New York, 271 A.D.2d 515, 516; see, James v. City of New Rochelle, 282 A.D.2d 503; Leggio v. County of Nassau, 281 A.D.2d 518). Although the plaintiff made no claim of a special use or a violation of a statute or ordinance by the defendants ( see, Pich v. Krupp, 272 A.D.2d 459), the defendants failed to establish a prima facie case that they did not create the allegedly dangerous condition which caused the plaintiff to trip and fall ( see, Packer v. City of New York, 282 A.D.2d 587). Therefore, the Supreme Court properly denied their motion for summary judgment dismissing the complaint ( see, Williams v. Southland Corp., 204 A.D.2d 717).


Summaries of

Peron v. Rite Aid of New York, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Aug 27, 2001
286 A.D.2d 488 (N.Y. App. Div. 2001)
Case details for

Peron v. Rite Aid of New York, Inc.

Case Details

Full title:YVONNE M. PERON, RESPONDENT, v. RITE AID OF NEW YORK, INC., ET AL.…

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

Date published: Aug 27, 2001

Citations

286 A.D.2d 488 (N.Y. App. Div. 2001)
729 N.Y.S.2d 643

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