From Casetext: Smarter Legal Research

Polgano v. New York City Educational Construction Fund

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 2004
6 A.D.3d 222 (N.Y. App. Div. 2004)

Opinion

3083.

Decided April 13, 2004.

Order, Supreme Court, Bronx County (Jerry L. Crispino, J.), entered January 14, 2003, which denied defendants' motion for summary judgment pursuant to CPLR 3212, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint as against them.

White McSpedon, P.C., New York (Vincent F. Terrasi of counsel), for appellants.

Reardon Sclafani, P.C., Tarrytown (Michael V. Sclafani of counsel), for respondent.

Before: Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ.


Plaintiff, a plumber who had been sent to repair "a leak in the sink" in the compactor room, concededly slipped and fell on water that had leaked onto the floor from the sink he was there to repair. Therefore, defendants' motion for summary judgment should have been granted ( see Kowalsky v. The Conreco Co., Inc., 264 N.Y. 125, 129).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Polgano v. New York City Educational Construction Fund

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 2004
6 A.D.3d 222 (N.Y. App. Div. 2004)
Case details for

Polgano v. New York City Educational Construction Fund

Case Details

Full title:GEORGE R. POLGANO, Plaintiff-Respondent, v. THE NEW YORK CITY EDUCATIONAL…

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

Date published: Apr 13, 2004

Citations

6 A.D.3d 222 (N.Y. App. Div. 2004)
774 N.Y.S.2d 324

Citing Cases

Waiters v. Northern Trust Company of New York

Defendants cannot be held liable to plaintiff for an additional reason. This Court has previously held that a…

Strauss v. Oil Heating Corp.

Any theory of liability that the placing of the duck board exacerbated the dangerous condition was not…