From Casetext: Smarter Legal Research

Streit v. DTUT

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 450 (N.Y. App. Div. 2003)

Opinion

2001-09776

Argued January 14, 2003.

February 13, 2003.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (DeMaro, J.), dated September 21, 2001, which granted the motion of the defendant DTUT for summary judgment, and dismissed the complaint insofar as asserted against it.

Horowitz, Greener Stengel, LLP, New York, N.Y. (Barry Horowitz and Adam M. Stengel of counsel), for appellants.

Fixler Associates, LLP, Elmsford, N.Y. (Jason L. Fixler of counsel), for respondents.

Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order and judgment is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant DTUT.

The plaintiff Sherry Streit allegedly was injured when she tripped and fell down a step in the defendant's establishment due to a dangerous condition caused by, inter alia, inadequate lighting. She and her husband commenced this action seeking damages for personal injuries, etc. The defendant DTUT moved for summary judgment dismissing the complaint insofar as asserted against it. However, DTUT did not establish its prima facie entitlement to summary judgment. It failed to proffer evidence that the lighting was adequate. Moreover, it did not proffer evidence that inadequate lighting was not a proximate cause of the accident. Further, it did not show that inadequate lighting was a condition that it neither created nor had actual or constructive notice of (see e.g. Goldfarb v. Kzichevsky, 280 A.D.2d 583; Telesco v. Bateau, 273 A.D.2d 894; Freidah v. Hamlet Golf Country Club, 272 A.D.2d 572; Garcia v. New York City Tr. Auth., 269 A.D.2d 142; Rivas v. Waldbaums Supermarket, 247 A.D.2d 600). Accordingly, the motion for summary judgment should have been denied.

RITTER, J.P., GOLDSTEIN, LUCIANO and SCHMIDT, JJ., concur.


Summaries of

Streit v. DTUT

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2003
302 A.D.2d 450 (N.Y. App. Div. 2003)
Case details for

Streit v. DTUT

Case Details

Full title:SHERRY STREIT, ET AL., appellants, v. DTUT, ET AL., respondents

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

Date published: Feb 13, 2003

Citations

302 A.D.2d 450 (N.Y. App. Div. 2003)
753 N.Y.S.2d 749

Citing Cases

Steed v. MVA Enters., LLC

Contrary to the defendants' contention, having directed guests to use the rear parking lot as a smoking area,…

Palahnuk v. Tiro Rest. Corp.

The injured plaintiff testified during her deposition that the lighting in the hallway was so poor that she…