Legal Opinion

Verdejo v. New York City Housing Authority

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

Decided April 4, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered on or about August 6, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff alleges that she was injured when she slipped and fell on a wet foliage condition located on defendant’s grounds. Defendant made a prima facie showing of entitlement to summary judgment as to this open and obvious condition, which was not inherently dangerous {see Misir v Beach Haven Apt.…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  3. Basso v. MillerNew York Court of Appeals · 1976
  4. Misir v. Beach Haven Apartment No. 1, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Chieffet v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004

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