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Palminteri v. Massapequa Shopping Assoc. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)

Opinion

Argued May 24, 1999

August 9, 1999

Novitt, Sahr and Steinberg, LLP, Kew Gardens, N.Y. (Anthony LaTrace of counsel), for appellants.

Michael F.X. Manning, Garden City, N.Y. (John P. Humphreys of counsel), for respondent Massapequa Shopping Associates.

Morris, Duffy, Alonso Faley, LLP, New York, N.Y. (Yolanda L. Himmelberger of counsel), for respondent Parking Area Maintenance and Exterior Services Corp.

DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated May 12, 1998, as granted the defendants' separate motions for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff Frieda Palminteri was allegedly injured when she tripped and fell on a small hole in the parking lot of a shopping center in Massapequa. Considering all the facts and circumstances of this case, including the dimensions and characteristics of the alleged defect, the Supreme Court properly granted the defendants' separate motions for summary judgment dismissing the complaint insofar as asserted against them ( see, Trincere v. County of Suffolk, 90 N.Y.2d 976; Schechter v. City of New York, 248 A.D.2d 373; Marinaccio v. LeChambord Rest., 246 A.D.2d 514; Perrotta v. Jamal, 245 A.D.2d 357).

The plaintiffs' remaining contentions are without merit.

RITTER, J.P., THOMPSON, ALTMAN, and FRIEDMANN, JJ., concur.


Summaries of

Palminteri v. Massapequa Shopping Assoc. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)
Case details for

Palminteri v. Massapequa Shopping Assoc. [2d Dept 1999

Case Details

Full title:FRIEDA PALMINTERI, et al., appellants, v. MASSAPEQUA SHOPPING ASSOCIATES…

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

Date published: Aug 9, 1999

Citations

(N.Y. App. Div. Aug. 9, 1999)