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Hall v. Gaston

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1998
255 A.D.2d 1009 (N.Y. App. Div. 1998)

Opinion

November 13, 1998

Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.

Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint. Plaintiff alleges that she sustained injuries when she slipped and fell on an icy public sidewalk at a point where it crossed defendants' driveway. Defendants, as the abutting landowners, met their initial burden of establishing that they are not liable "for the allegedly defective condition of the [sidewalk] in the absence of proof that defendant[s] created the condition or used the [sidewalk] for a special purpose that resulted in plaintiff's injury" ( O'Shea v. Ilion Main St. Corp., 227 A.D.2d 989, lv denied 88 N.Y.2d 814; see, Reid v. Auto Tune Ctrs., 202 A.D.2d 1047; Giotto v. Gaetano, 178 A.D.2d 978, 979). Plaintiff submitted no evidence that defendants used the sidewalk for a special purpose, and her allegation that defendants created the dangerous condition by driving over the snow with their vehicles is based on mere speculation and thus is insufficient to raise an issue of fact ( see, Eddy v. Tops Friendly Mkts., 91 A.D.2d 1203, affd 59 N.Y.2d 692).


Summaries of

Hall v. Gaston

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1998
255 A.D.2d 1009 (N.Y. App. Div. 1998)
Case details for

Hall v. Gaston

Case Details

Full title:BEATRICE A. HALL, Respondent, v. DOUGLAS GASTON, III, et al., Appellants

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

Date published: Nov 13, 1998

Citations

255 A.D.2d 1009 (N.Y. App. Div. 1998)
680 N.Y.S.2d 333

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