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Davarashvili v. ABM Industries Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 2011
81 A.D.3d 776 (N.Y. App. Div. 2011)

Opinion

No. 2010-05365.

February 15, 2011.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Markey, J.), dated February 24, 2010, which denied their motion for summary judgment dismissing the complaint.

Gallo Vitucci Klar, New York, N.Y. (Kimberly A. Ricciardi of counsel), for appellants.

Annette G. Hasapidis, South Salem, N.Y., for respondents.

Before: Rivera, J.P., Leventhal, Sgroi and Miller, JJ.


Ordered that the order is affirmed, with costs.

The plaintiffs contend that the defendants' negligent placement of a "parking delineator" created a tripping hazard. The defendants failed to establish a prima facie case that they did not create the condition, or that the condition was open and obvious and not inherently dangerous ( see Manicone v City of New York, 75 AD3d 535, 537; Shah v Mercy Med. Ctr, 71 AD3d 1120).

The defendants' remaining contentions are without merit (see Espinal v Melville Snow Contrs., 98 NY2d 136, 141-142; Manicone v City of New York, 75 AD 3d at 537; Cooper v American Carpet Restoration Servs., Inc., 69 AD3d 552, 554).

Accordingly, since the defendants failed to establish their prima facie entitlement to judgment as a matter of law, we need not examine the sufficiency of the plaintiffs' opposition papers, and the defendants' motion for summary judgment dismissing the complaint was properly denied.


Summaries of

Davarashvili v. ABM Industries Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 15, 2011
81 A.D.3d 776 (N.Y. App. Div. 2011)
Case details for

Davarashvili v. ABM Industries Inc.

Case Details

Full title:NANULI DAVARASHVILI et al., Respondents, v. ABM INDUSTRIES INCORPORATED et…

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

Date published: Feb 15, 2011

Citations

81 A.D.3d 776 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1237
916 N.Y.S.2d 830

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