Vanderwaterv.Sears

Appellate Division of the Supreme Court of New York, Fourth DepartmentNov 13, 2000
716 N.Y.S.2d 495 (N.Y. App. Div. 2000)
716 N.Y.S.2d 495277 A.D.2d 1056

November 13, 2000.

Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Summary Judgment.

PRESENT: PIGOTT, JR., P. J., HAYES, HURLBUTT, BALIO AND LAWTON, JJ.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Plaintiff Sheryl Vanderwater was injured when the automatic door at defendant's store struck her while she stood next to it, looking out the window. A motion for summary judgment must be denied "if there is any significant doubt as to the existence of a triable issue, or if there is even arguably such an issue" ( Hourigan v. McGarry, 106 A.D.2d 845, 845-846, appeal dismissed 65 N.Y.2d 637). Moreover, summary judgment is seldom appropriate in a negligence action ( see, Andre v. Pomeroy, 35 N.Y.2d 361, 364-365). Arguably, an issue of fact exists whether defendant's automatic door constitutes a dangerous condition.