Arcuri v. Vitolo
| Decision Date | 09 August 1993 |
| Citation | 601 N.Y.S.2d 173,196 A.D.2d 519 |
| Parties | Gloria ARCURI, et al., Respondents, v. Robert VITOLO, et al., Defendants-Appellants, John P. Schwinning, et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants. |
| Court | New York Supreme Court — Appellate Division |
Bunnin & DiGiulio, New York City (Sheldon Bunnin, of counsel), for defendant-appellant Robert Vitolo.
William A. Dubrowski, Staten Island, for defendant third-party defendant-appellant John P. Schwinning.
Lifshutz & Polland, P.C., New York City (Elliot R. Polland, of counsel), for defendant third-party defendant-appellant George S. El Frezli.
Paganini & Herling, New York City (Deborah Jakes and Anthony J. Pirrotti, Jr., of counsel), for third-party defendants-appellants Michael A. Marino and Cheryl Hahn Marino.
Fitzgerald & Fitzgerald, P.C., Yonkers (Nathan M. Belofsky, of counsel), for plaintiffs-respondents.
Before MANGANO, P.J., and ROSENBLATT, O'BRIEN and COPERTINO, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, etc., the defendants and the third-party defendants separately appeal from stated portions of an order of the Supreme Court, Richmond County (Amann, J.), dated June 20, 1991, which, inter alia, denied the motion of the defendant Robert Vitolo for summary judgment dismissing the complaint insofar as it is asserted against him and the separate motion of the third-party defendants Michael Marino and Cheryl Marino, for summary judgment dismissing the complaint and all cross claims in their entireties.
ORDERED that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, the motions are granted, and the complaint and all cross claims are dismissed in their entireties.
The plaintiff Gloria Arcuri was injured on November 11, 1987, at approximately 7:40 A.M., when she slipped and fell on snow and ice in front of an office in Staten Island where she was employed. The plaintiffs commenced the instant action against several defendants, including the defendant Robert Vitolo, who owned the property in question.
At her examination before trial, the injured plaintiff admitted that it was not snowing the day before the accident, and that the snow and ice which she observed on November 11, 1987, upon awakening at 6:30 A.M., must have fallen during the night and early morning of November 10, to November 11, 1987, while she was sleeping. Moreover, a weather report for Newark Airport, not far west of the accident site, which was...
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