From Casetext: Smarter Legal Research

Gaffney v. Port Auth. of N.Y. and New Jersey

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 2003
301 A.D.2d 424 (N.Y. App. Div. 2003)

Opinion

2386

January 16, 2003.

Order, Supreme Court, New York County (Walter Tolub, J.), entered June 7, 2001, which granted defendants-respondents' motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated as against them.

Neil R. Kafko, for plaintiff-appellant.

Robert L. Kahn, for defendants-respondents.

Before: Nardelli, J.P., Tom, Lerner, Marlow, Gonzalez, JJ.


The motion court should not have granted summary judgment in favor of respondents, the owner and operator of the parking lot where plaintiff tripped and fell after stepping into a pothole while walking down a ramp used by cars to enter and leave the premises. Even if the alleged dangerous condition of the ramp were readily observable, as respondents contend, `such fact would go to the issue of comparative negligence and would not negate [their] duty to keep the premises reasonably safe' (Orellana v. Merola Associates, Inc., 287 A.D.2d 412, 413). Moreover, the fenced-off walkway does not establish, as a matter of law, that respondents adequately kept the premises safe by providing an alternate route for pedestrians. In light of plaintiff's testimony that the walkway was narrow and she did not use it if there were more than two or three other pedestrians on it, questions of fact exist as to whether respondents fulfilled their duty to keep the premises reasonably safe.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Gaffney v. Port Auth. of N.Y. and New Jersey

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 2003
301 A.D.2d 424 (N.Y. App. Div. 2003)
Case details for

Gaffney v. Port Auth. of N.Y. and New Jersey

Case Details

Full title:ROSEMARY GAFFNEY, Plaintiff-Appellant, v. PORT AUTHORITY OF NEW YORK AND…

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

Date published: Jan 16, 2003

Citations

301 A.D.2d 424 (N.Y. App. Div. 2003)
753 N.Y.S.2d 808

Citing Cases

Rogers v. Spirit Cruises, Inc.

r condition that is not inherently dangerous ( see, e.g., Schoen v. King Kullen Grocery Co., 296 A.D.2d 486…

Rogers v. SPIRIT CRUISES

object or condition that is not inherently dangerous (see, e.g., Schoen v King Kullen Grocery Co., 296 AD2d…