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Plakstis v. Lighthouse

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2007
37 A.D.3d 573 (N.Y. App. Div. 2007)

Opinion

No. 2005-07950.

February 13, 2007.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (O'Connell, J.), entered July 11, 2005, as granted that branch of the motion of the defendant Lighthouse, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it.

Nora Constance Marino, Great Neck, N.Y., for appellant. Weiner, Millo Morgan, LLC, New York, N.Y. (Scott Morgan of counsel), for respondents.

Armienti, DeBellis Whiten, LLP, New York, N.Y. (Vanessa Corchia of counsel), for third-party defendants.

Before: Rivera, J.P., Santucci, Skelos and McCarthy, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs to the respondents.

The defendant Lighthouse, LLC (hereinafter Lighthouse), made a prima facie showing of its entitlement to summary judgment dismissing the complaint insofar as asserted against it. It established, as a matter of law, that it neither created nor had actual or constructive notice of the allegedly defective door ( see Singer v St. Francis Hosp., 21 AD3d 469; Lustenring v 98-100 Realty, 1 AD3d 574, 578). In opposition, the plaintiff failed to raise a triable issue of fact.

Accordingly, the Supreme Court properly granted that branch of Lighthouse's motion which was for summary judgment dismissing the complaint insofar as asserted against it.


Summaries of

Plakstis v. Lighthouse

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2007
37 A.D.3d 573 (N.Y. App. Div. 2007)
Case details for

Plakstis v. Lighthouse

Case Details

Full title:RAYMOND A. PLAKSTIS, JR., Appellant, v. LIGHTHOUSE, LLC, et al.…

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

Date published: Feb 13, 2007

Citations

37 A.D.3d 573 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1278
828 N.Y.S.2d 817

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