Legal Opinion
Davarashvili v. ABM Industries Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 2011PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Markey, J.), dated February 24, 2010, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiffs contend that the defendants’ negligent placement of a “parking delineator” created a tripping hazard. The defendants failed to establish a prima facie case that they did not create the condition, or that the condition was, open and obvious and not inherently dangerous (see Manicone v City of…
2Cases cited4 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Shah v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Cooper v. American Carpet & Restoration Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Manicone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by3 opinions
- Gordon v. Pitney Bowes Management Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Pechman v. Vista at Kingsgate Section IIAppellate Division of the Supreme Court of the State of New York · 2012
- Pechman v. Vista at Kingsgate Section IIAppellate Division of the Supreme Court of the State of New York · 2012