From Casetext: Smarter Legal Research

Cherry v. Hofstra University

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 2000
274 A.D.2d 443 (N.Y. App. Div. 2000)

Opinion

Submitted June 14, 2000.

July 17, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated November 3, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

William F. Chimeri, Freeport, N.Y., for appellant.

Purcell Ingrao, P.C., Mineola, N. Y. (Anthony Marino of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff was injured during lacrosse practice when he ran into a bench which was located on the side of the defendant's playing field. The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The bench was an open and obvious condition which could "readily be observed by those employing the reasonable use of their senses" (Paulo v. Great Atl. Pac. Tea Co., 233 A.D.2d 380). In opposition to the defendant's establishment of a prima facie case, the plaintiff failed to raise a triable issue of fact.


Summaries of

Cherry v. Hofstra University

Appellate Division of the Supreme Court of New York, Second Department
Jul 17, 2000
274 A.D.2d 443 (N.Y. App. Div. 2000)
Case details for

Cherry v. Hofstra University

Case Details

Full title:RYAN CHERRY, APPELLANT, v. HOFSTRA UNIVERSITY, RESPONDENT

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

Date published: Jul 17, 2000

Citations

274 A.D.2d 443 (N.Y. App. Div. 2000)
711 N.Y.S.2d 898

Citing Cases

Willis v. Barnes Noble

Summary judgment dismissal is warranted, since plaintiffs failed to raise a triable issue as to whether…

Thomas v. State

The Court finds that the State fulfilled its duty to protect the inmate spectators and bystanders from errant…