Legal Opinion

D'Angelo v. DeLucia

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 2001PublishedCited by 2 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Dye, J.), dated May *38622, 2000, which granted the defendants’ motion for summary-judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs’ evidence submitted in opposition to the defendants’ motion for summary judgment demonstrated that the alleged defect, a height differential between the grass and the sidewalk abutting the defendants’ property, was readily observable by the reasonable use of the injured plaintiff’s senses (see,…

2Cases cited6 opinions

  1. Binensztok v. StoresAppellate Division of the Supreme Court of the State of New York · 1996
  2. Connor v. Taylor Rental Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Speirs v. Dick's Clothing & Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Wint v. Fulton Street Art Gallery, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Breem v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1998

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3Cited by2 opinions

  1. DiGeorgio v. MorottaAppellate Division of the Supreme Court of the State of New York · 2008
  2. Seelig v. Burger King Corp.Appellate Division of the Supreme Court of the State of New York · 2009

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