Legal Opinion

Buonchristiano v. Fordham University

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

Decided January 31, 2017No. 2915PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered June 30, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff tripped and fell on a step on a walkway on defendant’s premises while crossing the campus during her lunch break. Assuming that defendant established prima facie that the step was open and obvious and not inherently dangerous

(see Philips v Paco Lafayette LLC, 106 AD3d 631 [1st Dept 2013]), plaintiff raised a triable issue of fact whether the…

2Cases cited4 opinions

  1. Thornhill v. Toys "R" Us NYTEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Saretsky v. 85 Kenmare Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Chafoulias v. 240 E. 55th Street Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  4. Philips v. Paco Lafayette LLCAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by1 opinion

  1. Masker v. SmithAppellate Division of the Supreme Court of the State of New York · 2020

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