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Hollinger v. Chestnut Ridge Racquet Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 380 (N.Y. App. Div. 1996)

Opinion

May 6, 1996

Appeal from the Supreme Court, Westchester County (Rosato, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Marguerite Hollinger alleges that she sustained injuries while playing tennis at a club owned by the defendant. Hollinger claims that while she was backpedaling to make a shot, her foot sank into the surface of the court, creating a divot, and causing her to fall.

In premises liability cases alleging injuries caused by a hazardous or unsafe condition, the plaintiff must demonstrate that the defendant either created the allegedly hazardous condition or had actual or constructive notice of it ( see, Collins v. Grand Union Co., 201 A.D.2d 852; Edwards v. Terryville Meat Co., 178 A.D.2d 580). In moving for summary judgment, the defendant submitted evidence indicating that there was no defect in the surface of the court on which Hollinger was playing, either before or after Hollinger fell. The evidence submitted by the plaintiffs in opposition to the motion failed to establish that the defendant had actual or constructive notice of a hazardous condition. Although there is evidence that the defendant sprayed the courts with water at the end of each day, Hollinger does not claim to have slipped in a puddle of water, and the plaintiffs' contention that the defendant's maintenance procedures left Hollinger's court in a dangerously soft condition is speculative and unsupported by the record. The defendant is therefore entitled to summary judgment ( see, Becker v. Waldbaum, Inc., 221 A.D.2d 396; Moss v. JNK Capital, 211 A.D.2d 769, affd 85 N.Y.2d 1005). Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Hollinger v. Chestnut Ridge Racquet Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1996
227 A.D.2d 380 (N.Y. App. Div. 1996)
Case details for

Hollinger v. Chestnut Ridge Racquet Corp.

Case Details

Full title:MARGUERITE HOLLINGER et al., Respondents, v. CHESTNUT RIDGE RACQUET CORP.…

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

Date published: May 6, 1996

Citations

227 A.D.2d 380 (N.Y. App. Div. 1996)
642 N.Y.S.2d 76

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