Legal Opinion
Matthews v. Vlad Restoration Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 2010PublishedCited by 14 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 21, 2009, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff, on her cell phone while hurrying across a scaffold to catch a bus, tripped on a lower horizontal brace and suffered injury. Defendants met their prima facie burden by showing the scaffold was open and obvious as a matter of law, and not inherently dangerous (Burke v Canyon Rd. Rest., 60 AD3d 558 [2009]; see also Connor v Taylor Rental Ctr., 278 AD2d 270 [2000]; Plessias v Scalia Home…
2Cases cited4 opinions
- Jones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Burke v. Canyon Road RestaurantAppellate Division of the Supreme Court of the State of New York · 2009
- Plessias v. John Vincent Scalia Home for Funerals, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Connor v. Taylor Rental Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by14 opinions
- Durkee v. C.H. Robinson Worldwide, Inc.District Court, W.D. North Carolina · 2011
- Richards v. PassarelliAppellate Division of the Supreme Court of the State of New York · 2010
- Lazar v. Burger HeavenAppellate Division of the Supreme Court of the State of New York · 2011
- Jordan-Parker v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2016
- Mikenshina v. Tishman Constr. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
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