From Casetext: Smarter Legal Research

Singer v. St. Francis Hospital

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2005
21 A.D.3d 469 (N.Y. App. Div. 2005)

Opinion

2004-08951.

August 15, 2005.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Satterfield, J.), dated September 21, 2004, which granted the defendant's motion for summary judgment dismissing the complaint.

Julio J. Marino, Great Neck, N.Y., for appellants.

Mulholland, Minion Roe, Williston Park, N.Y. (Taryn M. Fitzgerald of counsel), for respondent.

Before: Schmidt, J.P., Mastro, Rivera and Skelos, JJ., concur.


Ordered that the order is affirmed, with costs.

In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon the property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its existence ( see Gordon v. American Museum of Natural History, 67 NY2d 836; Lezama v. 34-15 Parsons Blvd., LLC, 16 AD3d 560; Curiale v. Sharrotts Woods, Inc., 9 AD3d 473, 474-475). Here, the defendant met its initial burden of establishing entitlement to judgment as a matter of law ( see Morrison v. 107 W. 38th Realties Co., 17 AD3d 645; Jimenez v. T.J. Maxx, Inc., 17 AD3d 638; Onley v. Shopwell, Inc., 16 AD3d 565). In opposition thereto, the plaintiffs failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 NY2d 320; Morrison v. 107 W. 38th Realties Co., supra; Jimenez v. T.J. Maxx, Inc., supra; Onley v. Shopwell, Inc., supra). The photographs relied upon by the plaintiffs were insufficient to demonstrate that the defendant had constructive notice of the alleged defect ( see Krakinowski v. New York City Tr. Auth., 18 AD3d 443; Lustenring v. 98-100 Realty, 1 AD3d 574, 577).


Summaries of

Singer v. St. Francis Hospital

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2005
21 A.D.3d 469 (N.Y. App. Div. 2005)
Case details for

Singer v. St. Francis Hospital

Case Details

Full title:EVELYN SINGER et al., Appellants, v. ST. FRANCIS HOSPITAL, Respondent

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

Date published: Aug 15, 2005

Citations

21 A.D.3d 469 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 6411
799 N.Y.S.2d 742

Citing Cases

Xikis v. Vocational Ed. Extn. Bd. of Suffolk

, 258 AD2d 149, 694 NYS2d 445 [2d Dept 1999]), and they have no duty to warn or protect against an open or…

Vaughn v. Harlem River Yard Ventures, Inc.

The photographs are therefore insufficient to raise an issue as to constructive notice. See Gennaro v. Cord…