Bogaty v. Bluestone Realty NY, Inc.
| Citation | 145 A.D.3d 752,2016 N.Y. Slip Op. 08343,43 N.Y.S.3d 459 |
| Parties | Rhonda BOGATY, appellant, v. BLUESTONE REALTY NY, INC., respondent. |
| Decision Date | 14 December 2016 |
| Court | New York Supreme Court Appellate Division |
145 A.D.3d 752
43 N.Y.S.3d 459
2016 N.Y. Slip Op. 08343
Rhonda BOGATY, appellant,
v.
BLUESTONE REALTY NY, INC., respondent.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 14, 2016.
Finz & Finz, P.C., Mineola, NY (Ameer Benno of counsel), for appellant.
Barry, McTiernan & Moore LLC, New York, NY (Laurel A. Wedinger of counsel), for respondent.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, SYLVIA O. HINDS–RADIX, and JOSEPH J. MALTESE, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Livote, J.), entered September 15, 2015, as, upon reargument, adhered to a prior determination in an order of the same court entered April 1, 2015, granting the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
On April 4, 2012, at approximately 10:30 a.m., the plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck. At the time of the accident, the premises were owned by the defendant. The plaintiff commenced the instant action against the defendant to recover damages for personal injuries. The defendant moved for summary judgment dismissing the complaint, arguing that the plaintiff allegedly tripped over a wheel stop that was open and obvious and not inherently dangerous as a matter of law. The Supreme Court granted the defendant's motion in an order entered April 1, 2015. Thereafter, the plaintiff moved for leave to reargue her opposition to the defendant's motion. In an order entered September 15, 2015, the Supreme Court granted reargument and, upon reargument, adhered to its prior determination. We affirm insofar as appealed from.
Although a landowner has a duty to maintain its premises in a reasonably safe manner (see Basso v. Miller, 40 N.Y.2d 233, 241–242, 386 N.Y.S.2d 564, 352 N.E.2d 868 ), there...
To continue reading
Request your trial
-
Dillon v. Town of Smithtown, 2018–01066
...and not inherently dangerous (see Costidis v. City of New York, 159 A.D.3d 871, 70 N.Y.S.3d 74 ; Bogaty v. Bluestone Realty N.Y., Inc., 145 A.D.3d 752, 43 N.Y.S.3d 459 ; Witkowski v. Island Trees Pub. Lib., 125 A.D.3d 768, 769, 4 N.Y.S.3d 65 ; Cupo v. Karfunkel, 1 A.D.3d 48, 51, 767 N.Y.S.2......
-
Pivetz v. Brusco
...the burden of establishing, prima facie, both that the defendant was negligent and that he or she was free from comparative fault (see 43 N.Y.S.3d 459Richards v. Burch, 132 A.D.3d 752, 753, 18 N.Y.S.3d 87 ; Kaur v. Demata, 123 A.D.3d 772, 773, 999 N.Y.S.2d 99 ; Luke v. McFadden, 119 A.D.3d ......
-
Brett v. AJ 1086 Assocs., LLC
...and not inherently dangerous (see Costidis v. City of New York, 159 A.D.3d 871, 70 N.Y.S.3d 74 ; Bogaty v. Bluestone Realty NY, Inc., 145 A.D.3d 752, 43 N.Y.S.3d 459 ; Cupo v. Karfunkel, 1 A.D.3d 48, 51, 767 N.Y.S.2d 40 ). "Proof that a dangerous condition is open and obvious does not precl......
-
Greblewski v. Strong Health MCO, LLC
...(see Flanger v. 2461 Elm Realty Corp., 123 A.D.3d 1196, 1197, 998 N.Y.S.2d 502 [2014] ; compare Bogaty v. Bluestone Realty N.Y., Inc., 145 A.D.3d 752, 753, 43 N.Y.S.3d 459 [2016] ; Pipitone v. 7–Eleven, Inc., 67 A.D.3d 879, 880, 889 N.Y.S.2d 234 [2009] ). For these reasons, we also find no ......