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Mahoney v. Affrunti

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 2002
297 A.D.2d 717 (N.Y. App. Div. 2002)

Opinion

2001-10994

Argued September 3, 2002.

September 24, 2002.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Berler, J.), dated November 15, 2001, as granted that branch of the motion of the defendants Alfred Affrunti and Yvonne C. Affrunti, d/b/a Village Chairs Wares, which was for summary judgment dismissing the complaint insofar as asserted against them.

Sobel Seidell, LLP, Smithtown, N.Y. (Kenneth M. Seidell of counsel), for appellants.

Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Norman H. Dachs of counsel), for respondents.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.


ORDERED the the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against the respondents is denied, and the complaint insofar as asserted against them is reinstated.

The defendants Alfred Affrunti and Yvonne C. Affrunti, d/b/a Village Chair Wares, failed to make a prima facie showing that their snow removal efforts did not cause, create, or otherwise increase the allegedly hazardous icy and snowy condition of the sidewalk where the plaintiff James Mahoney fell (see Lopez v. City of New York, 290 A.D.2d 539; Mejia v. City of New York, 272 A.D.2d 453; Fezza v. Rogers, 167 A.D.2d 599). Accordingly, the Supreme Court erred in granting that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.

ALTMAN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.


Summaries of

Mahoney v. Affrunti

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 2002
297 A.D.2d 717 (N.Y. App. Div. 2002)
Case details for

Mahoney v. Affrunti

Case Details

Full title:JAMES MAHONEY, ET AL., appellants, v. ALFRED AFFRUNTI, ETC., ET AL.…

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

Date published: Sep 24, 2002

Citations

297 A.D.2d 717 (N.Y. App. Div. 2002)
747 N.Y.S.2d 397

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