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Randazzo v. 580 Sunrise Realty Company

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 2000
275 A.D.2d 449 (N.Y. App. Div. 2000)

Opinion

Submitted June 14, 2000

August 30, 2000.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated October 4, 1999, which denied its motion for summary judgment dismissing the complaint.

Robert P. Sweeney Associates, Uniondale, N.Y. (Keith E. Ford of counsel), for appellant.

O'Brien, McLaughlin Kenny, Lynbrook, N.Y. (Robert P. O'Brien of counsel), for respondents.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant failed to establish, prima facie, that no triable issue of fact exists as to whether the injured plaintiff tripped on a defective condition caused by its alleged special use of the sidewalk (see, Kaufman v. Silver, 90 N.Y.2d 204, 207; Azzara v. Revellese, 146 A.D.2d 592).


Summaries of

Randazzo v. 580 Sunrise Realty Company

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 2000
275 A.D.2d 449 (N.Y. App. Div. 2000)
Case details for

Randazzo v. 580 Sunrise Realty Company

Case Details

Full title:EVA RANDAZZO, ET AL., RESPONDENTS, v. 580 SUNRISE REALTY COMPANY, APPELLANT

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

Date published: Aug 30, 2000

Citations

275 A.D.2d 449 (N.Y. App. Div. 2000)
713 N.Y.S.2d 133

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