From Casetext: Smarter Legal Research

Frazier v. Pioneer Central School District

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2002
298 A.D.2d 875 (N.Y. App. Div. 2002)

Opinion

CA 02-00564

October 1, 2002.

Appeal from an order of Supreme Court, Cattaraugus County (Nenno, J.), entered January 28, 2002, which denied defendant's motion for summary judgment dismissing the complaint.

HODGSON RUSS LLP, BUFFALO (JILL L. YONKERS OF COUNSEL), FOR DEFENDANT-APPELLANT.

THEODORE J. BURNS, BUFFALO, FOR PLAINTIFF-RESPONDENT.

PRESENT: PINE, J.P., HAYES, KEHOE, GORSKI, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint, which seeks damages for injuries allegedly sustained when plaintiff slipped and fell on an accumulation of ice on defendant's loading dock. Defendant failed to meet its initial burden of establishing as a matter of law that the condition of the loading dock was not dangerous or defective or that defendant lacked actual or constructive notice of that condition ( see Gentile v. University of Rochester Med. Ctr., 292 A.D.2d 874; Atkinson v. Golub Corp. Co., 278 A.D.2d 905, 905-906). Nor did defendant establish as a matter of law that plaintiff's injuries were caused by a storm in progress ( see Stalker v. Crestview Cadillac Corp., 284 A.D.2d 977; see also Vickery v. Estate of Brockman, 278 A.D.2d 913, 914; Gilmartin v. Tempestoso, 273 A.D.2d 875). Because defendant failed to meet its initial burden, we do not address the sufficiency of plaintiff's showing in opposition to the motion ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Gentile, 292 A.D.2d at 875; Frank v. Price Chopper Operating Co., 275 A.D.2d 940, 941).


Summaries of

Frazier v. Pioneer Central School District

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2002
298 A.D.2d 875 (N.Y. App. Div. 2002)
Case details for

Frazier v. Pioneer Central School District

Case Details

Full title:MELVIN FRAZIER, PLAINTIFF-RESPONDENT, v. PIONEER CENTRAL SCHOOL DISTRICT…

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

Date published: Oct 1, 2002

Citations

298 A.D.2d 875 (N.Y. App. Div. 2002)
748 N.Y.S.2d 444

Citing Cases

Kidwell v. Walden Avenue Blend-All Hotel

Supreme Court erred in granting defendants' motion for summary judgment dismissing the complaint in this…

Edwards v. Arlington Mall Assocs

In support of the motion and cross motion, defendants and third-party defendant contended that plaintiff…