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Reynolds v. Reynolds

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 498 (N.Y. App. Div. 1997)

Opinion

December 22, 1997

Appeal from the Supreme Court, Suffolk County (Rohl, J.).


Ordered that the order is affirmed, with costs.

The infant plaintiff, who is the defendants' granddaughter, fell and hit her head on the ledge of the fireplace in the den of the defendants' home. It was undisputed that the infant plaintiff fell when she tripped on or bumped into a steamer trunk which the defendants used as a coffee table. The infant plaintiff's mother brought this action against the grandparents, alleging that the trunk constituted a dangerous or defective condition.

The defendants made out a prima facie case for summary judgment. In opposition, the plaintiffs failed to submit any evidence that there was some feature of the trunk, defective or otherwise, which constituted a dangerous condition or a trap. Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment ( see, Jackson v. Supermarkets Gen. Corp., 214 A.D.2d 650; Melton v. E.P.S. Hair Design, 202 A.D.2d 649; Varrone v. Dinaro, 209 A.D.2d 508).

Miller, J. P., Sullivan, Santucci and Lerner, JJ., concur.


Summaries of

Reynolds v. Reynolds

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 498 (N.Y. App. Div. 1997)
Case details for

Reynolds v. Reynolds

Case Details

Full title:JACLYN REYNOLDS, an Infant, by Her Mother and Natural Guardian, DARLENE…

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

Date published: Dec 22, 1997

Citations

245 A.D.2d 498 (N.Y. App. Div. 1997)
666 N.Y.S.2d 43

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