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Mingone v. Ardsley Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 463 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

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


Ordered that the judgment is affirmed, with costs.

We agree with the Supreme Court that the plaintiffs failed to make out a prima facie case. There was insufficient evidence that the condition which caused the infant plaintiff's injury, a piece of wire sticking horizontally out of a rusty fence, was in existence for a sufficient time for the defendant, in the exercise of due care, to have been charged with constructive notice of the condition. The plaintiffs failed to show how the existence of rust on that fence and/or wire proves that the wire was sticking out in a hazardous position for any length of time. Accordingly, the action was properly dismissed (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836; Capone v Schaible, 211 A.D.2d 661; cf., Negri v Stop Shop, 65 N.Y.2d 625). Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.


Summaries of

Mingone v. Ardsley Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 463 (N.Y. App. Div. 1995)
Case details for

Mingone v. Ardsley Union Free School District

Case Details

Full title:CHRISTOPHER MINGONE et al., Appellants, v. ARDSLEY UNION FREE SCHOOL…

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

Date published: May 8, 1995

Citations

215 A.D.2d 463 (N.Y. App. Div. 1995)
626 N.Y.S.2d 264

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