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Ezzo v. 2102 Union Blvd. Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 447 (N.Y. App. Div. 2000)

Opinion

Submitted November 8, 2000.

December 27, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Richmond County (J. Leone, J.), entered January 14, 2000, which, upon an order of the same court, dated November 18, 1999, granting the defendants' motion for summary judgment dismissing the complaint, is in favor of the defendants and against him.

Paul D. Creinis, P.C., New York, N.Y., for appellant.

Baxter Smith, P.C., New York, N.Y. (Sally A. Monteleone of counsel), for respondents.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The plaintiff commenced this action seeking damages for injuries allegedly sustained in a trip-and-fall accident. However, in opposition to the defendants' prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact that the defendants either created, or had actual or constructive notice of, the alleged dangerous condition at issue (see, Gordon v. Waldbaum, Inc., 231 A.D.2d 673). Thus, judgment was properly entered in favor of the defendants.

The plaintiff's remaining contention is without merit.


Summaries of

Ezzo v. 2102 Union Blvd. Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 447 (N.Y. App. Div. 2000)
Case details for

Ezzo v. 2102 Union Blvd. Inc.

Case Details

Full title:RALPH EZZO, APPELLANT, v. 2102 UNION BLVD. INC., ET AL., RESPONDENTS

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 447 (N.Y. App. Div. 2000)
717 N.Y.S.2d 922

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