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Perlicz v. Taratuta

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 359 (N.Y. App. Div. 1999)

Opinion

April 5, 1999

Appeal from the Supreme Court, Westchester County (Cowhey, J.).


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the defendants are awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).

The Supreme Court properly granted the defendants' motion for summary judgment. The condition over which the injured plaintiff tripped and fell was not an inherently dangerous one, and was readily observable by those employing the reasonable use of their senses ( see, O'Connor v Katonah Museum of Art, 251 A.D.2d 561; Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603; Naim v. Schwartz Bros. Mem. Chapels, 232 A.D.2d 383; Pilato v. Diamond, 209 A.D.2d 393).

Mangano, P. J., Bracken, Joy and Krausman, JJ., concur.


Summaries of

Perlicz v. Taratuta

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1999
260 A.D.2d 359 (N.Y. App. Div. 1999)
Case details for

Perlicz v. Taratuta

Case Details

Full title:EDUARDO PERLICZ et al., Appellants, v. JUAN TARATUTA et al., Respondents

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

Date published: Apr 5, 1999

Citations

260 A.D.2d 359 (N.Y. App. Div. 1999)
687 N.Y.S.2d 702

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