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Plessias v. John Vincent Scalia Home

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 423 (N.Y. App. Div. 2000)

Opinion

Submitted February 28, 2000.

April 3, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 29, 1999, which granted the defendants' motion for summary judgment dismissing the complaint.

Stephen A. Harrison, Brooklyn, N.Y., for appellant.

Caulfield Law Office (Carol R. Finocchio, New York, N.Y. [Lisa M. Comeau] of counsel), for respondents.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

A concrete parking lot divider which is clearly visible presents no unreasonable risk of harm (see, Naim v. Schwartz Bros. Mem. Chapels, 232 A.D.2d 383). Since the record amply demonstrated that the concrete divider over which the plaintiff tripped and fell was not an inherently dangerous condition, and was readily observable by those employing the reasonable use of their senses, the Supreme Court properly granted the defendants' motion for summary judgment (see, O'Connor v. Katonah Museum of Art, 251 A.D.2d 561 ; Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603;Binensztok v. Marshall Stores, 228 A.D.2d 534 ; Pilato v. Diamond, 209 A.D.2d 393 ).


Summaries of

Plessias v. John Vincent Scalia Home

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 423 (N.Y. App. Div. 2000)
Case details for

Plessias v. John Vincent Scalia Home

Case Details

Full title:Michael Plessias, appellant, v. John Vincent Scalia Home for Funerals…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 423 (N.Y. App. Div. 2000)
706 N.Y.S.2d 131

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