From Casetext: Smarter Legal Research

Pineda v. North Eastern Security Development

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 591 (N.Y. App. Div. 2000)

Opinion

Submitted March 3, 2000.

April 20, 2000.

In an action to recover damages for personal injuries, the defendants third-party plaintiffs appeal from an order of the Supreme Court, Queens County (Lonschein, J.), dated December 30, 1998, which granted the third-party defendants' motion for summary judgment dismissing the third-party complaint.

Marshall and Bellard, Garden City, N.Y. (Joseph C. Bellard of counsel), for defendants third-party plaintiffs-appellants.

Bivona Cohen, P.C., New York, N.Y. (Mary Y.J. Kim of counsel), for third-party defendants-respondents.

DANIEL W. JOY, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The respondents owned a snowblower which they had loaned to an employee of the appellants. The plaintiff was injured when he stuck his hand in the chute of the snowblower.

Gratuitous bailors only owe a duty to warn borrowers of any known defects which are not obvious or readily discernible (see,Sukljian v. Ross Son Co., 69 N.Y.2d 89 ; Acampora v. Acampora, 194 A.D.2d 757, 758 ; Ruggiero v. Max Braun Sons Inc., 141 A.D.2d 528, 529 ). There is no evidence in the record, other than the conclusory and speculative affidavit of the appellants' expert, that the snowblower was defective. Thus, the respondents were entitled to summary judgment (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562 ; Glorioso v. Schnabel, 253 A.D.2d 787 ; Kracker v. Spartan Chem. Co., 183 A.D.2d 810, 812 ).


Summaries of

Pineda v. North Eastern Security Development

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 591 (N.Y. App. Div. 2000)
Case details for

Pineda v. North Eastern Security Development

Case Details

Full title:Antonio Pineda, plaintiff, v. North Eastern Security Development Corp., et…

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

Date published: Apr 20, 2000

Citations

271 A.D.2d 591 (N.Y. App. Div. 2000)
707 N.Y.S.2d 846

Citing Cases

Portillo v. Equinox Holdings, Inc.

The duty of care owed by a bailor varies depending on the type of bailment created by the loan of property.…

Portillo v. Equinox Holdings

The duty of care owed by a bailor varies depending on the type of bailment created by the loan of property.…