BROOKS v. BOSTROM (2005)

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

George J. BROOKS, et al., respondents, v. Kevin BOSTROM, et al., appellants.

Decided: May 16, 2005

BARRY A. COZIER, J.P., DANIEL F. LUCIANO, STEPHEN G. CRANE, and PETER B. SKELOS, JJ.

Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for appellants. Siben & Siben, Bay Shore, N.Y. (Alan G. Faber of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Alpert, J.), dated January 6, 2005, which denied their motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The location of the defendants' mail slot approximately 20 inches below that required by the United States Postal Service Domestic Mail Manual did not constitute a dangerous or defective condition on the defendants' premises. Thus, the defendants established their entitlement to judgment as a matter of law (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562-563, 427 N.Y.S.2d 595, 404 N.E.2d 718). In opposition, the plaintiffs failed to raise a triable issue of fact (see Zuckerman v. City of New York, supra ).

The plaintiffs' remaining contentions are without merit.

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Out of date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!

Welcome to FindLaw's Cases & Codes

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.

Go To Learn About The Law