From Casetext: Smarter Legal Research

Holz v. Rinacente Properties, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 669 (N.Y. App. Div. 1993)

Opinion

October 25, 1993

Appeal from the Supreme Court, Queens County (Price, J.).


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiffs contend that the trial court erred in dismissing their complaint after the opening statement. We disagree. The trial court correctly dismissed the case after viewing the facts as stated by the plaintiffs as true, after reviewing the pleadings, and after the plaintiffs were given the opportunity to present their offer of proof. It was clear based on the plaintiffs' submissions that there was no legal basis for them to succeed (see, De Vito v. Katsch, 157 A.D.2d 413, 416). The accident occurred on a public sidewalk, and there was no offer of proof that the sidewalk was constructed in a special manner for benefit of the defendant landowners (see, Kobet v. Consolidated Edison Co., 176 A.D.2d 785, 786), and no offer of proof that the defendants created the defective condition (see, Giammarino v Angelo's Royal Pastry Shop, 168 A.D.2d 423, 424). Thompson, J.P., Miller, Lawrence and Copertino, JJ., concur.


Summaries of

Holz v. Rinacente Properties, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 669 (N.Y. App. Div. 1993)
Case details for

Holz v. Rinacente Properties, Inc.

Case Details

Full title:JOSEPH HOLZ et al., Appellants, v. RINACENTE PROPERTIES, INC., et al.…

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

Date published: Oct 25, 1993

Citations

197 A.D.2d 669 (N.Y. App. Div. 1993)
602 N.Y.S.2d 879

Citing Cases

Santello v. City of New York

We now reverse. Since the complaint failed to allege that the appellants actually created the sidewalk defect…

Milne v. Cheema

Defendant's motion to dismiss the complaint should have been granted. Although defendant styled his motion as…