Mossberg v. Crow's Nest Marina of Oceanside
| Decision Date | 03 June 2015 |
| Docket Number | 2014-04985 |
| Citation | 129 A.D.3d 683,10 N.Y.S.3d 319,2015 N.Y. Slip Op. 04618 |
| Parties | Michael P. MOSSBERG, respondent, v. CROW'S NEST MARINA OF OCEANSIDE, doing business as Crow's Nest Marina, appellant. |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 683
10 N.Y.S.3d 319
2015 N.Y. Slip Op. 04618
Michael P. MOSSBERG, respondent
v.
CROW'S NEST MARINA OF OCEANSIDE, doing business as Crow's Nest Marina, appellant.
2014-04985
Supreme Court, Appellate Division, Second Department, New York.
June 3, 2015.
Andrea G. Sawyers, Melville, N.Y. (Jennifer M. Belk of counsel), for appellant.
Gilbert S. Glotzer, New York, N.Y. (Law Offices of Sanford F. Young, P.C., of counsel), for respondent.
REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and BETSY BARROS, JJ.
Opinion
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Bruno, J.), entered March 4, 2014, which denied its motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.
The plaintiff, an experienced boatman, allegedly sustained personal injuries when he slipped and fell into the water while
disembarking from a friend's sailboat. He commenced the instant action against the defendant, the owner of the adjacent dock. According to the plaintiff, he fell into a “gap” between the boat and the dock. At his deposition, the plaintiff testified that, when he was stepping onto the dock, “the dock looked shiny” and “[i]t could have been wet,” although “it wasn't probably” wet. In a later affidavit, the plaintiff stated that “[t]he only reason I fell was that the dock was slippery.” The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the defendant's motion. We reverse.
“A landowner has a duty to exercise reasonable care in maintaining [its] property in a safe condition under all of the circumstances, including the likelihood of...
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