From Casetext: Smarter Legal Research

Swan v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 18, 2005
16 A.D.3d 1098 (N.Y. App. Div. 2005)

Opinion

CA 04-02486.

March 18, 2005.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered January 7, 2004 in a personal injury action. The order denied plaintiff's motion for partial summary judgment on the issue of liability and granted defendant's cross motion for summary judgment dismissing the complaint.

Before: Pigott, Jr., P.J., Hurlbutt, Kehoe, Lawton and Hayes, JJ.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries that he sustained when he struck his head on the handle of a valve in the industrial plant in which he was working. Plaintiff alleged that defendant was negligent in its construction and maintenance of the premises, which had been leased to plaintiff's employer. The valve was situated in the corner of the premises, away from any walkway used by workers, and was readily observable by workers.

Supreme Court properly denied plaintiff's motion for partial summary judgment on liability and granted defendant's cross motion for summary judgment dismissing the complaint. Defendant met its burden by establishing as a matter of law that the location of the valve was "open and obvious" ( Hecht v. 281 Scarsdale Corp., 3 AD3d 551, 552) and that the condition of the premises was not defective or unreasonably dangerous by reason of the location and condition of the valve ( see Tedesco v. Nowak, 294 AD2d 911, 912, lv denied 98 NY2d 610). Thus, defendant established as a matter of law that it was not negligent in its construction or maintenance of the premises ( see id.; see also Hecht, 3 AD3d 551; Binensztok v. Marshall Stores, 228 AD2d 534), and plaintiff failed to raise an issue of fact sufficient to defeat the cross motion ( see generally Zuckerman v. City of New York, 49 NY2d 557, 562).


Summaries of

Swan v. Eastman Kodak Company

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 18, 2005
16 A.D.3d 1098 (N.Y. App. Div. 2005)
Case details for

Swan v. Eastman Kodak Company

Case Details

Full title:MICHAEL SWAN, Appellant, v. EASTMAN KODAK COMPANY, Respondent

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

Date published: Mar 18, 2005

Citations

16 A.D.3d 1098 (N.Y. App. Div. 2005)
790 N.Y.S.2d 897

Citing Cases

Palmer v. Barnes Noble Booksellers, Inc.

Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint. Defendant…

Mareno v. Shorenstein

The accident occurred when the plaintiff bent down to place a file on the floor, and struck her head on the…