Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Edith LOMBARDI, appellant, v. SILK MILL CONDOMINIUMS, INC., et al., respondents.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (Slobod, J.), entered March 31, 2006, as granted those branches of the motion of the defendant John Curtis General Construction, and the separate motion of the defendants Silk Mill Condominiums, Inc., and Silk Mill Condominium Homeowners Association, Inc., which were for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
In their motions for summary judgment, the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the condition complained of was open and obvious and not inherently dangerous (see Atanasoff v. Elmont Union Free School Dist., 18 A.D.3d 678, 795 N.Y.S.2d 726). In support of their motions, the defendants submitted the plaintiff's deposition testimony wherein she testified that she was well aware of the condition which allegedly caused her to fall, having previously observed it and having traversed the subject area without incident very shortly before her accident (see Meagher-Cox v. Winarski, 32 A.D.3d 379, 820 N.Y.S.2d 98; Atanasoff v. Elmont Union Free School Dist., supra ). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572). Accordingly, the Supreme Court correctly granted those branches of the motion of the defendant John Curtis General Construction and the separate motion of the defendants Silk Mill Condominiums, Inc., and Silk Mill Condominium Homeowners Association, Inc., which were for summary judgment dismissing the complaint insofar as asserted against them.
The plaintiff's remaining contentions are without merit.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 06, 2007
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)