From Casetext: Smarter Legal Research

Oley v. Village of Massapequa Park

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 272 (N.Y. App. Div. 1993)

Opinion

November 8, 1993

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the judgment is affirmed, with costs.

The plaintiff slipped and fell on naturally accumulated snow and ice in a parking lot allegedly plowed by the defendant. Having failed to submit any evidence at trial that the defendant made the condition of the lot more hazardous by plowing, the plaintiff failed to prove a prima facie case of negligence, and thus, the defendant was entitled to judgment as a matter of law (see, Spicehandler v City of New York, 303 N.Y. 946; Stewart v Yeshiva Nachlas Haleviym, 186 A.D.2d 731; Nevins v Great Atl. Pac. Tea Co., 164 A.D.2d 807; Herrick v Grand Union Co., 1 A.D.2d 911). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.


Summaries of

Oley v. Village of Massapequa Park

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 272 (N.Y. App. Div. 1993)
Case details for

Oley v. Village of Massapequa Park

Case Details

Full title:MARGARET M. OLEY, Appellant, v. VILLAGE OF MASSAPEQUA PARK, Respondent

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

Date published: Nov 8, 1993

Citations

198 A.D.2d 272 (N.Y. App. Div. 1993)
604 N.Y.S.2d 818

Citing Cases

Verdino v. Alexandrou

In addition, the owner of the store testified that he cleaned the entire sidewalk on the morning of the day…

Velez v. City of New York

With that evidence, Nietubyc established a prima facie entitlement to summary judgment as a matter of law.…