PIETRANGOLARE v. CATALIOTO (1998)

Supreme Court, Appellate Division, First Department, New York.

Carmela PIETRANGOLARE, Plaintiff-Appellant, v. Anthony CATALIOTO, et al., Defendants-Respondents.

Decided: November 19, 1998

ROSENBERGER, J.P., ELLERIN, WALLACH and SAXE, JJ.

Thomas G. Cascione, for Plaintiff-Appellant. Carol R. Finocchio, for Defendants-Respondents.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 11, 1997, which granted defendants' motion to dismiss the complaint for failure to state a cause of action and denied plaintiff's cross motion for summary judgment on liability, unanimously affirmed, with costs.

The IAS court's dismissal of plaintiff's action for personal injuries was proper. Under the circumstances herein, where plaintiff alleges that she sustained injuries after her toddler grandson pulled a purse which his mother had hung on a kitchen chair, it cannot be said that the chair in question, which fell on plaintiff's foot, was a dangerous instrumentality (see, Nolechek v. Gesuale, 46 N.Y.2d 332, 413 N.Y.S.2d 340, 385 N.E.2d 1268).

MEMORANDUM DECISION.

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