Legal Opinion

Zegarelli v. Dundon

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

Decided January 30, 2013PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Futnam County (Lubell, J.), dated August 16, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The injured plaintiff, while delivering parcels to the defendant’s home on a hot, misty day, allegedly slipped and fell on a brick walkway that had grass growing up between the bricks.

On her motion for summary judgment, the defendant made a prima facie showing that the complained-of condition was…

2Cases cited4 opinions

  1. Cupo v. KarfunkelAppellate Division of the Supreme Court of the State of New York · 2003
  2. Misir v. Beach Haven Apartment No. 1, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Sun Ho Chung v. Jeong Sook JohAppellate Division of the Supreme Court of the State of New York · 2006
  4. Osborne v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by8 opinions

  1. Boyle v. Pottery Barn OutletAppellate Division of the Supreme Court of the State of New York · 2014
  2. Scalice v. BraistedAppellate Division of the Supreme Court of the State of New York · 2014
  3. Correnti v. ChinchillaAppellate Division of the Supreme Court of the State of New York · 2015
  4. Boyle v. Pottery Barn OutletAppellate Division of the Supreme Court of the State of New York · 2014
  5. Flores v. Harvest Moon Farm & OrchardAppellate Division of the Supreme Court of the State of New York · 2022

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