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Powell v. Pasqualino

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2007
40 A.D.3d 725 (N.Y. App. Div. 2007)

Opinion

No. 2006-06052.

May 8, 2007.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Brandveen, J.), dated May 30, 2006, which denied their motion for summary judgment dismissing the complaint.

Jerrold N. Cohen, Mineola, N.Y., for appellants.

David N. Sloan, Jericho, N.Y. (Eric Sorenson of counsel), for respondent.

Before: Schmidt, J.P., Goldstein, Fisher and Lifson, JJ.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff allegedly was injured when part of an exterior step abutting the den area of the defendants' home shattered as he walked over it, causing him to fall. The subject step consisted of slate tiles over a brick base. Prior to the accident, the slate tiles were neither broken nor cracked in any way, and the plaintiff had used the step several times — including on the day of the accident — without incident.

The defendants established their prima facie entitlement to judgment as a matter of law by showing that they did not create the alleged dangerous condition or have actual or constructive notice of its existence ( see Lal v Ching Po Ng, 33 AD3d 668; Curiale v Sharrotts Woods, Inc., 9 AD3d 473, 475). In opposition, the plaintiff failed to raise a triable issue of fact. The affidavit of the plaintiff's expert failed to show, inter alia, that the step had been negligently constructed or maintained ( see Pena v Women's Outreach Network, Inc., 35 AD3d 104, 110-111; Lai v Ching Po Ng, supra). Accordingly, the Supreme Court should have granted the defendants' motion for summary judgment dismissing the complaint.


Summaries of

Powell v. Pasqualino

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2007
40 A.D.3d 725 (N.Y. App. Div. 2007)
Case details for

Powell v. Pasqualino

Case Details

Full title:JOHN POWELL, Respondent, v. PAMELA PASQUALINO et al., Appellants

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

Date published: May 8, 2007

Citations

40 A.D.3d 725 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4094
836 N.Y.S.2d 218

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