WOLCOTT v. FORGNONE (2000)

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

Pamela J. WOLCOTT, Plaintiff-Respondent, v. Michael FORGNONE and Catherine Forgnone, Defendants-Appellants.

Decided: November 13, 2000

PRESENT: PINE, J.P., HAYES, WISNER, KEHOE and LAWTON, JJ.

Joan M. Fildes, Buffalo, for Defendants-Appellants. Christopher D. D'Amato, Buffalo, for Plaintiff-Respondent.

Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. Plaintiff commenced this action to recover damages for injuries that she sustained when she fell on the front steps of the apartment building where she resided. In support of their motion, defendants submitted excerpts of plaintiff's deposition indicating that plaintiff fell when her left foot became caught in a “divot” on the second step. Even assuming that the alleged defect is trivial, we conclude that defendants did not establish their entitlement to judgment as a matter of law. Defendants' submissions raise a triable issue of fact whether the defect has the characteristics of a trap, snare or nuisance (see, Tesak v. Marine Midland Bank, 254 A.D.2d 717, 678 N.Y.S.2d 226; cf., Leverton v. Peters Groceries, 267 A.D.2d 1014, 700 N.Y.S.2d 316; Gigliotti v. St. Stanislaus Kostka R.C. Church, 261 A.D.2d 951, 951-952, 689 N.Y.S.2d 806).

Order unanimously affirmed without costs.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network